Definitions.

§ 404.3 Definitions. (a) Government owned invention means an invention, whether or not covered by a patent or patent application, or discovery which is or may be patentable or otherwise protectable under Title 35, the Plant Variety Protection Act (7 U.S.C. 2321 et seq. ) or foreign patent law, owned in whole or in part by the United States Government. (b) Federal agency means an executive department, military department, Government corporation, or independent establishment, except the Tennessee Valley Authority, which has custody of a federally owned invention. (c) Small business firm means a small business concern as defined in section 2 of Pub. L. 85–536 (15 U.S.C. 632) and implementing regulations of the Administrator of the Small Business Administration. (d) Practical application means to manufacture in the case of a composition or product, to practice in the case of a process or method, or to operate in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are to the extent permitted by law or Government regulations available to the public on reasonable terms. (e) United States means the United States of America, its territories and possessions, the District of Columbia, and the Commonwealth of Puerto Rico. [50 FR 9802, Mar. 12, 1985, as amended at 71 FR 11512, Mar. 8, 2006]