Nonprofit Organization [Patents] Law and Legal Definition

According to 37 CFR 1.27 (a) (3) [Title 37 -- Patents, Trademarks, and Copyrights; Chapter I -- United States Patent And Trademark Office, Department Of Commerce; Subchapter A – General; Part 1 -- Rules of Practice in Patent Cases; Subpart A -- General Provisions; Patents; Fees and Payment of Money], the term nonprofit organization means “any nonprofit organization that:

(i) Has not assigned, granted, conveyed, or licensed, and is under no obligation under contract or law to assign, grant, convey, or license, any rights in the invention to any person, concern, or organization which would not qualify as a person, small business concern, or a nonprofit organization; and

(ii) Is either:

(A) A university or other institution of higher education located in any country;

(B) An organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a));

(C) Any nonprofit scientific or educational organization qualified under a nonprofit organization statute of a state of this country (35 U.S.C. 201(i)); or

(D) Any nonprofit organization located in a foreign country which would qualify as a nonprofit organization under paragraphs (a)(3)(ii)(B) of this section or (a)(3)(ii)(C) of this section if it were located in this country.”