35 USC 122(a)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 35 USC 122(a) | status: Basic | banner: CUI.
- NARA sanctions field: 35 USC 186 35 USC 187.
- DoD authority row: 35 USC 122(a). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 35 USC 122(a) | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- Page 53 TITLE 35—PATENTS § 122
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Application for patent filed under 35 U.S.C. 111(a) that includes all types of patent applications (i.e., utility, design, plant, and reissue) except provisional applications. The nonprovisional application establishes the filing date and initiates the examination process. A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing fee.
- DoD category scope used with this authority: Information on specific patent applications.
- 35 USC 122(a) | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Application for patent filed under 35 U.S.C. 111(a) that includes all types of patent applications (i.e., utility, design, plant, and reissue) except provisional applications. The nonprovisional application establishes the filing date and initiates the examination process. A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing fee.
- DoD category scope: Information on specific patent applications.
- Extracted authority condition: Confidential status of applications; publi- cation of patent applications (a) C ONFIDENTIALITY.—Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provi- sions of an Act of Congress or in such special circumstances as may be determined by the Di- rector.
- Extracted authority condition: Micro entity defined (a) I NGENERAL.—For purposes of this title, the term ‘‘micro entity’’ means an applicant who makes a certification that the applicant— (1) qualifies as a small entity, as defined in regulations issued by the Director; (2) has not been named as an inventor on more than 4 previously filed patent applica- tions, other than applications filed in another country, provisional applications under sec- tion 111(b), or international applications filed under the treaty defined in section 351(a) for which the basic national fee under section 41(a) was not paid; (3) did not, in the calendar year preceding the calendar year in which the applicable fee is being paid, have a gross income, as defined in section 61(a) of the Internal Revenue Code of 1986, exceeding 3 times the median house- hold income for that preceding calendar year, as most recently reported by the Bureau of the Census; and (4) has not assigned, granted, or conveyed, and is not under an obligation by contract or law to assign, grant, or convey, a license or other ownership interest in the application concerned to an entity that, in the calendar year preceding the calendar year in which the applicable fee is being paid, had a gross in- come, as defined in section 61(a) of the Inter- nal Revenue Code of 1986, exceeding 3 times
- Extracted authority condition: (B) No information concerning published patent applications shall be made available to the public except as the Director determines.
- Extracted authority condition: (e) P REISSUANCESUBMISSIONS BYTHIRDPAR- TIES.— (1) I N GENERAL.—Any third party may sub- mit for consideration and inclusion in the record of a patent application, any patent, published patent application, or other printed publication of potential relevance to the ex- amination of the application, if such submis- sion is made in writing before the earlier of— (A) the date a notice of allowance under section 151 is given or mailed in the applica- tion for patent; or (B) the later of— (i) 6 months after the date on which the application for patent is first published under section 122 by the Office, or (ii) the date of the first rejection under section 132 of any claim by the examiner during the examination of the application for patent.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic
- Nara authority rows: 35 USC 122(a) | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187 || 35 USC 205 | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187 || 37 CFR 401.13(c)(2) | status: Basic | banner: CUI
- Nara banner markings: CUI
- Nara sanctions: 35 USC 186 35 USC 187
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Confidential status of applications; publi- cation of patent applications (a) C ONFIDENTIALITY.—Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provi- sions of an Act of Congress or in such special circumstances as may be determined by the Di- rector.
- Extracted authority control: (B) No information concerning published patent applications shall be made available to the public except as the Director determines.
- Extracted authority control: (C) Notwithstanding any other provision of law, a determination by the Director to re- lease or not to release information concerning a published patent application shall be final and nonreviewable.
- Extracted authority control: Micro entity defined (a) I NGENERAL.—For purposes of this title, the term ‘‘micro entity’’ means an applicant who makes a certification that the applicant— (1) qualifies as a small entity, as defined in regulations issued by the Director; (2) has not been named as an inventor on more than 4 previously filed patent applica- tions, other than applications filed in another country, provisional applications under sec- tion 111(b), or international applications filed under the treaty defined in section 351(a) for which the basic national fee under section 41(a) was not paid; (3) did not, in the calendar year preceding the calendar year in which the applicable fee is being paid, have a gross income, as defined in section 61(a) of the Internal Revenue Code of 1986, exceeding 3 times the median house- hold income for that preceding calendar year, as most recently reported by the Bureau of the Census; and (4) has not assigned, granted, or conveyed, and is not under an obligation by contract or law to assign, grant, or convey, a license or other ownership interest in the application concerned to an entity that, in the calendar year preceding the calendar year in which the applicable fee is being paid, had a gross in- come, as defined in section 61(a) of the Inter- nal Revenue Code of 1986, exceeding 3 times
Authority excerpts
Most relevant extracted authority passage
Confidential status of applications; publi- cation of patent applications (a) C ONFIDENTIALITY.—Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provi- sions of an Act of Congress or in such special circumstances as may be determined by the Di- rector.
Extracted authority passage 2
(B) No information concerning published patent applications shall be made available to the public except as the Director determines.
Extracted authority passage 3
(C) Notwithstanding any other provision of law, a determination by the Director to re- lease or not to release information concerning a published patent application shall be final and nonreviewable.
Extracted authority passage 4
Micro entity defined (a) I NGENERAL.—For purposes of this title, the term ‘‘micro entity’’ means an applicant who makes a certification that the applicant— (1) qualifies as a small entity, as defined in regulations issued by the Director; (2) has not been named as an inventor on more than 4 previously filed patent applica- tions, other than applications filed in another country, provisional applications under sec- tion 111(b), or international applications filed under the treaty defined in section 351(a) for which the basic national fee under section 41(a) was not paid; (3) did not, in the calendar year preceding the calendar year in which the applicable fee is being paid, have a gross income, as defined in section 61(a) of the Internal Revenue Code of 1986, exceeding 3 times the median house- hold income for that preceding calendar year, as most recently reported by the Bureau of the Census; and (4) has not assigned, granted, or conveyed, and is not under an obligation by contract or law to assign, grant, or convey, a license or other ownership interest in the application concerned to an entity that, in the calendar year preceding the calendar year in which the applicable fee is being paid, had a gross in- come, as defined in section 61(a) of the Inter- nal Revenue Code of 1986, exceeding 3 times
Extracted authority passage 5
(e) P REISSUANCESUBMISSIONS BYTHIRDPAR- TIES.— (1) I N GENERAL.—Any third party may sub- mit for consideration and inclusion in the record of a patent application, any patent, published patent application, or other printed publication of potential relevance to the ex- amination of the application, if such submis- sion is made in writing before the earlier of— (A) the date a notice of allowance under section 151 is given or mailed in the applica- tion for patent; or (B) the later of— (i) 6 months after the date on which the application for patent is first published under section 122 by the Office, or (ii) the date of the first rejection under section 132 of any claim by the examiner during the examination of the application for patent.
35 USC 205
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 35 USC 205 | status: Basic | banner: CUI.
- NARA sanctions field: 35 USC 186 35 USC 187.
- DoD authority row: 35 USC 205. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 35 USC 205 | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- Page 87 TITLE 35—PATENTS § 207
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
Operating conditions
- NARA category scope used with this authority: Application for patent filed under 35 U.S.C. 111(a) that includes all types of patent applications (i.e., utility, design, plant, and reissue) except provisional applications. The nonprovisional application establishes the filing date and initiates the examination process. A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing fee.
- DoD category scope used with this authority: Information on specific patent applications.
- 35 USC 205 | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Application for patent filed under 35 U.S.C. 111(a) that includes all types of patent applications (i.e., utility, design, plant, and reissue) except provisional applications. The nonprovisional application establishes the filing date and initiates the examination process. A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing fee.
- DoD category scope: Information on specific patent applications.
- Extracted authority condition: Confidentiality Federal agencies are authorized to withhold from disclosure to the public information dis- closing any invention in which the Federal Gov- ernment owns or may own a right, title, or in- terest (including a nonexclusive license) for a reasonable time in order for a patent application to be filed.
- Extracted authority condition: Addi- tionally, any contractor, inventor, assignee, or exclusive licensee adversely affected by a deter- mination under this section may, at any time within sixty days after the determination is is- sued, file a petition in the United States Court of Federal Claims, which shall have jurisdiction to determine the appeal on the record and to af- firm, reverse, remand or modify, as appropriate, the determination of the Federal agency.
- Extracted authority condition: Page 87 TITLE 35—PATENTS § 207 1 See References in Text note below. tained or waived or because a licensee of the exclusive right to use or sell any subject in- vention in the United States is in breach of its agreement obtained pursuant to section 204.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic
- Nara authority rows: 35 USC 122(a) | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187 || 35 USC 205 | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187 || 37 CFR 401.13(c)(2) | status: Basic | banner: CUI
- Nara banner markings: CUI
- Nara sanctions: 35 USC 186 35 USC 187
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Confidentiality Federal agencies are authorized to withhold from disclosure to the public information dis- closing any invention in which the Federal Gov- ernment owns or may own a right, title, or in- terest (including a nonexclusive license) for a reasonable time in order for a patent application to be filed.
- Extracted authority control: Domestic and foreign protection of feder- ally owned inventions (a) Each Federal agency is authorized to— (1) apply for, obtain, and maintain patents or other forms of protection in the United States and in foreign countries on inventions in which the Federal Government owns a right, title, or interest; (2) grant nonexclusive, exclusive, or par- tially exclusive licenses under federally owned inventions, royalty-free or for royalties or other consideration, and on such terms and conditions, including the grant to the licensee of the right of enforcement pursuant to the provisions of chapter 29 as determined appro- priate in the public interest;
- Extracted authority control: Furthermore, Federal agencies shall not be required to release copies of any docu- ment which is part of an application for patent filed with the United States Patent and Trade- mark Office or with any foreign patent office.
Authority excerpts
Most relevant extracted authority passage
Confidentiality Federal agencies are authorized to withhold from disclosure to the public information dis- closing any invention in which the Federal Gov- ernment owns or may own a right, title, or in- terest (including a nonexclusive license) for a reasonable time in order for a patent application to be filed.
Extracted authority passage 2
Domestic and foreign protection of feder- ally owned inventions (a) Each Federal agency is authorized to— (1) apply for, obtain, and maintain patents or other forms of protection in the United States and in foreign countries on inventions in which the Federal Government owns a right, title, or interest; (2) grant nonexclusive, exclusive, or par- tially exclusive licenses under federally owned inventions, royalty-free or for royalties or other consideration, and on such terms and conditions, including the grant to the licensee of the right of enforcement pursuant to the provisions of chapter 29 as determined appro- priate in the public interest;
Extracted authority passage 3
Furthermore, Federal agencies shall not be required to release copies of any docu- ment which is part of an application for patent filed with the United States Patent and Trade- mark Office or with any foreign patent office.
Extracted authority passage 4
Addi- tionally, any contractor, inventor, assignee, or exclusive licensee adversely affected by a deter- mination under this section may, at any time within sixty days after the determination is is- sued, file a petition in the United States Court of Federal Claims, which shall have jurisdiction to determine the appeal on the record and to af- firm, reverse, remand or modify, as appropriate, the determination of the Federal agency.
Extracted authority passage 5
Page 87 TITLE 35—PATENTS § 207 1 See References in Text note below. tained or waived or because a licensee of the exclusive right to use or sell any subject in- vention in the United States is in breach of its agreement obtained pursuant to section 204.
37 CFR 401.13(c)(2)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 37 CFR 401.13(c)(2) | status: Basic | banner: CUI.
- DoD authority row: 37 CFR 401.13(c)(2). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 37 CFR 401.13(c)(2) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- 37 CFR 401.13(c)(2) authority text
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Application for patent filed under 35 U.S.C. 111(a) that includes all types of patent applications (i.e., utility, design, plant, and reissue) except provisional applications. The nonprovisional application establishes the filing date and initiates the examination process. A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing fee.
- DoD category scope used with this authority: Information on specific patent applications.
- 37 CFR 401.13(c)(2) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Application for patent filed under 35 U.S.C. 111(a) that includes all types of patent applications (i.e., utility, design, plant, and reissue) except provisional applications. The nonprovisional application establishes the filing date and initiates the examination process. A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing fee.
- DoD category scope: Information on specific patent applications.
- Extracted authority condition: (2) In accordance with 35 U.S.C. 205, agencies shall not disclose or release, pursuant to requests under the Free- dom of Information Act or otherwise, copies of any document which the agency obtained under the clause in § 401.14 which is part of an application for patent with the U.S.
- Extracted authority condition: (2) Subject invention means any invention of the contractor conceived or first actually re- duced to practice in the performance of work under this contract, provided that in the case of a variety of plant, the date of determina- tion (as defined in section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during the period of contract performance.
- Extracted authority condition: In rec- ognition of the fact that such publica- tion, if it included descriptions of a subject invention could create bars to obtaining patent protection, it is the policy of the executive branch that agencies will not include in such publi- cation programs copies of disclosures of inventions submitted by small busi- ness firms or nonprofit organizations, pursuant to paragraph (c) of the stand- ard clause found at § 401.14, except under the same circumstances under which agencies are authorized to re- lease such information pursuant to FOIA requests under paragraph (c)(1) of this section agencies may publish such disclosures.
- Extracted authority condition: The following is the standard patent rights clause to be used as specified in § 401.3(a): Standard Patent Rights (a) Definitions (1) Invention means any invention or dis- covery which is or may be patentable or oth- erwise protectable under Title 35 of the United States Code, or any novel variety of plant which is or may be protected under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic
- Nara authority rows: 35 USC 122(a) | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187 || 35 USC 205 | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187 || 37 CFR 401.13(c)(2) | status: Basic | banner: CUI
- Nara banner markings: CUI
- Nara sanctions: 35 USC 186 35 USC 187
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (c) The President’s Patent Policy Memorandum of February 18, 1983, states that agencies should protect the confidentiality of invention disclosure, patent applications, and utilization re- ports required in performance or in consequence of awards to the extent permitted by 35 U.S.C. 205 or other ap- plicable laws.
- Extracted authority control: In rec- ognition of the fact that such publica- tion, if it included descriptions of a subject invention could create bars to obtaining patent protection, it is the policy of the executive branch that agencies will not include in such publi- cation programs copies of disclosures of inventions submitted by small busi- ness firms or nonprofit organizations, pursuant to paragraph (c) of the stand- ard clause found at § 401.14, except under the same circumstances under which agencies are authorized to re- lease such information pursuant to FOIA requests under paragraph (c)(1) of this section agencies may publish such disclosures.
- Extracted authority control: (2) In accordance with 35 U.S.C. 205, agencies shall not disclose or release, pursuant to requests under the Free- dom of Information Act or otherwise, copies of any document which the agency obtained under the clause in § 401.14 which is part of an application for patent with the U.S.
- Extracted authority control: (1) To the extent authorized by 35 U.S.C. 205, agencies shall not disclose to third parties pursuant to requests under the Freedom of Information Act (FOIA) any information disclosing a subject invention for a reasonable time in order for a patent application to be filed.
- Extracted authority control: The following is the standard patent rights clause to be used as specified in § 401.3(a): Standard Patent Rights (a) Definitions (1) Invention means any invention or dis- covery which is or may be patentable or oth- erwise protectable under Title 35 of the United States Code, or any novel variety of plant which is or may be protected under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
- Extracted authority control: (2) Subject invention means any invention of the contractor conceived or first actually re- duced to practice in the performance of work under this contract, provided that in the case of a variety of plant, the date of determina- tion (as defined in section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during the period of contract performance.
- Extracted authority control: (5) Small Business Firm means a small busi- ness concern as defined at section 2 of Pub.
Authority excerpts
Most relevant extracted authority passage
(c) The President’s Patent Policy Memorandum of February 18, 1983, states that agencies should protect the confidentiality of invention disclosure, patent applications, and utilization re- ports required in performance or in consequence of awards to the extent permitted by 35 U.S.C. 205 or other ap- plicable laws.
Extracted authority passage 2
In rec- ognition of the fact that such publica- tion, if it included descriptions of a subject invention could create bars to obtaining patent protection, it is the policy of the executive branch that agencies will not include in such publi- cation programs copies of disclosures of inventions submitted by small busi- ness firms or nonprofit organizations, pursuant to paragraph (c) of the stand- ard clause found at § 401.14, except under the same circumstances under which agencies are authorized to re- lease such information pursuant to FOIA requests under paragraph (c)(1) of this section agencies may publish such disclosures.
Extracted authority passage 3
(2) In accordance with 35 U.S.C. 205, agencies shall not disclose or release, pursuant to requests under the Free- dom of Information Act or otherwise, copies of any document which the agency obtained under the clause in § 401.14 which is part of an application for patent with the U.S.
Extracted authority passage 4
(1) To the extent authorized by 35 U.S.C. 205, agencies shall not disclose to third parties pursuant to requests under the Freedom of Information Act (FOIA) any information disclosing a subject invention for a reasonable time in order for a patent application to be filed.
Extracted authority passage 5
The following is the standard patent rights clause to be used as specified in § 401.3(a): Standard Patent Rights (a) Definitions (1) Invention means any invention or dis- covery which is or may be patentable or oth- erwise protectable under Title 35 of the United States Code, or any novel variety of plant which is or may be protected under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
Extracted authority passage 6
(2) Subject invention means any invention of the contractor conceived or first actually re- duced to practice in the performance of work under this contract, provided that in the case of a variety of plant, the date of determina- tion (as defined in section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during the period of contract performance.
35 USC 111(a)
Listed by: DoD Registry, Related authorities
Designation evidence
- DoD authority row: 35 USC 111(a). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- Page 46TITLE 35—PATENTS§ 111
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
Operating conditions
- DoD category scope used with this authority: Information on specific patent applications.
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Application for patent filed under 35 U.S.C. 111(a) that includes all types of patent applications (i.e., utility, design, plant, and reissue) except provisional applications. The nonprovisional application establishes the filing date and initiates the examination process. A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing fee.
- DoD category scope: Information on specific patent applications.
- Extracted authority condition: L. 97–247 inserted ‘‘, or authorized to be made,’’ after ‘‘shall be made’’, struck out the colon after ‘‘shall include’’, struck out ‘‘signed by the appli- cant and’’ after ‘‘The application’’, and inserted provi- sions that the fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, includ- ing the payment of a surcharge, as may be prescribed by the Commissioner, that upon failure to submit the fee and oath within such prescribed period, the applica- tion shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oath was unavoidable, and that the filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office.
- Extracted authority condition: L. 92–34, June 30, 1971, 85 Stat. 87, provided that a patent or trademark application would be considered filed in the United States Patent Office on the date that it would have been received by the Patent Office except for the delay caused by emergency situation af- fecting postal service from Mar. 18, 1970 to Mar. 30, 1970, if a claim was made. § 112.
- Extracted authority condition: (8) A PPLICABLE PROVISIONS.—The provisions of this title relating to applications for patent shall apply to provisional applications for pat- ent, except as otherwise provided, and except that provisional applications for patent shall not be subject to sections 131 and 135.
- Extracted authority condition: L. 112–29, § 3(e)(3), Sept. 16, 2011, 125 Stat. 288, provided that: ‘‘The amendments made by this sub- section [amending this section and repealing section 157 of this title] shall take effect upon the expiration of the 18-month period beginning on the date of the enact- ment of this Act [Sept. 16, 2011], and shall apply to any request for a statutory invention registration filed on or after that effective date.’’ Pub.
- Extracted authority condition: (f) E LEMENT INCLAIM FOR ACOMBINATION.—An element in a claim for a combination may be ex- pressed as a means or step for performing a spec- ified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the cor- responding structure, material, or acts described in the specification and equivalents thereof.
- Extracted authority condition: The clause relating to the claim is made a separate paragraph to emphasize the distinction between the de- scription and the claim or definition, and the language is modified.
Safeguarding and dissemination controls
- Nara basic or specified: Basic
- Nara authority rows: 35 USC 122(a) | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187 || 35 USC 205 | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187 || 37 CFR 401.13(c)(2) | status: Basic | banner: CUI
- Nara banner markings: CUI
- Nara sanctions: 35 USC 186 35 USC 187
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Application (a) I NGENERAL.— (1) W RITTEN APPLICATION.—An application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Direc- tor.
- Extracted authority control: (b) P ROVISIONALAPPLICATION.— (1) A UTHORIZATION.—A provisional applica- tion for patent shall be made or authorized to be made by the inventor, except as otherwise provided in this title, in writing to the Direc- tor.
- Extracted authority control: Prior to amendment, section read as follows: ‘‘Application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Commissioner.
- Extracted authority control: (8) A PPLICABLE PROVISIONS.—The provisions of this title relating to applications for patent shall apply to provisional applications for pat- ent, except as otherwise provided, and except that provisional applications for patent shall not be subject to sections 131 and 135.
- Extracted authority control: L. 97–247 inserted ‘‘, or authorized to be made,’’ after ‘‘shall be made’’, struck out the colon after ‘‘shall include’’, struck out ‘‘signed by the appli- cant and’’ after ‘‘The application’’, and inserted provi- sions that the fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, includ- ing the payment of a surcharge, as may be prescribed by the Commissioner, that upon failure to submit the fee and oath within such prescribed period, the applica- tion shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oath was unavoidable, and that the filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office.
Authority excerpts
Most relevant extracted authority passage
Application (a) I NGENERAL.— (1) W RITTEN APPLICATION.—An application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Direc- tor.
Extracted authority passage 2
(b) P ROVISIONALAPPLICATION.— (1) A UTHORIZATION.—A provisional applica- tion for patent shall be made or authorized to be made by the inventor, except as otherwise provided in this title, in writing to the Direc- tor.
Extracted authority passage 3
Prior to amendment, section read as follows: ‘‘Application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Commissioner.
Extracted authority passage 4
(8) A PPLICABLE PROVISIONS.—The provisions of this title relating to applications for patent shall apply to provisional applications for pat- ent, except as otherwise provided, and except that provisional applications for patent shall not be subject to sections 131 and 135.
Extracted authority passage 5
L. 97–247 inserted ‘‘, or authorized to be made,’’ after ‘‘shall be made’’, struck out the colon after ‘‘shall include’’, struck out ‘‘signed by the appli- cant and’’ after ‘‘The application’’, and inserted provi- sions that the fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, includ- ing the payment of a surcharge, as may be prescribed by the Commissioner, that upon failure to submit the fee and oath within such prescribed period, the applica- tion shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oath was unavoidable, and that the filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office.
Extracted authority passage 6
L. 92–34, June 30, 1971, 85 Stat. 87, provided that a patent or trademark application would be considered filed in the United States Patent Office on the date that it would have been received by the Patent Office except for the delay caused by emergency situation af- fecting postal service from Mar. 18, 1970 to Mar. 30, 1970, if a claim was made. § 112.