4
1 SEC. 3. FIRST INVENTOR TO FILE.
2 (a) DEFINITIONS.—Section 100 of title 35, United
3 States Code, is amended—
4 (1) in subsection (e), by striking ‘‘or inter
5 partes reexamination under section 311’’; and
6 (2) by adding at the end the following:
7 ‘‘(f) The term ‘inventor’ means the individual or, if
8 a joint invention, the individuals collectively who invented
9 or discovered the subject matter of the invention.
10 ‘‘(g) The terms ‘joint inventor’ and ‘coinventor’ mean
11 any 1 of the individuals who invented or discovered the
12 subject matter of a joint invention.
13 ‘‘(h) The term ‘joint research agreement’ means a
14 written contract, grant, or cooperative agreement entered
15 into by 2 or more persons or entities for the performance
16 of experimental, developmental, or research work in the
17 field of the claimed invention.
18 ‘‘(i)(1) The term ‘effective filing date’ for a claimed
19 invention in a patent or application for patent means—
20 ‘‘(A) if subparagraph (B) does not apply, the
21 actual filing date of the patent or the application for
22 the patent containing a claim to the invention; or
23 ‘‘(B) the filing date of the earliest application
24 for which the patent or application is entitled, as to
25 such invention, to a right of priority under section
•HR 1249 EH
4
1 SEC. 3. FIRST INVENTOR TO FILE.
2 (a) DEFINITIONS.—Section 100 of title 35, United
3 States Code, is amended—
4 (1) in subsection (e), by striking ‘‘or inter
5 partes reexamination under section 311’’; and
6 (2) by adding at the end the following:
7 ‘‘(f) The term ‘inventor’ means the individual or, if
8 a joint invention, the individuals collectively who invented
9 or discovered the subject matter of the invention.
10 ‘‘(g) The terms ‘joint inventor’ and ‘coinventor’ mean
11 any 1 of the individuals who invented or discovered the
12 subject matter of a joint invention.
13 ‘‘(h) The term ‘joint research agreement’ means a
14 written contract, grant, or cooperative agreement entered
15 into by 2 or more persons or entities for the performance
16 of experimental, developmental, or research work in the
17 field of the claimed invention.
18 ‘‘(i)(1) The term ‘effective filing date’ for a claimed
19 invention in a patent or application for patent means—
20 ‘‘(A) if subparagraph (B) does not apply, the
21 actual filing date of the patent or the application for
22 the patent containing a claim to the invention; or
23 ‘‘(B) the filing date of the earliest application
24 for which the patent or application is entitled, as to
25 such invention, to a right of priority under section
•HR 1249 EH