US (United States) Code. Title 35. Part IV: Patents cooperation treaty. Chapter 36: International stage

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Patents

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-CITE-

35 USC CHAPTER 36 - INTERNATIONAL STAGE 01/06/03

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TITLE 35 - PATENTS

PART IV - PATENT COOPERATION TREATY

CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-

CHAPTER 36 - INTERNATIONAL STAGE

-MISC1-

Sec.

361. Receiving Office.

362. International Searching Authority and International

Preliminary Examining Authority.

363. International application designating the United

States: Effect.

364. International stage: Procedure.

365. Right of priority; benefit of the filing date of a

prior application.

366. Withdrawn international application.

367. Actions of other authorities: Review.

368. Secrecy of certain inventions; filing international

applications in foreign countries.

AMENDMENTS

1986 - Pub. L. 99-616, Sec. 3, Nov. 6, 1986, 100 Stat. 3485,

amended item 362 generally.

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35 USC Sec. 361 01/06/03

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TITLE 35 - PATENTS

PART IV - PATENT COOPERATION TREATY

CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-

Sec. 361. Receiving Office

-STATUTE-

(a) The Patent and Trademark Office shall act as a Receiving

Office for international applications filed by nationals or

residents of the United States. In accordance with any agreement

made between the United States and another country, the Patent and

Trademark Office may also act as a Receiving Office for

international applications filed by residents or nationals of such

country who are entitled to file international applications.

(b) The Patent and Trademark Office shall perform all acts

connected with the discharge of duties required of a Receiving

Office, including the collection of international fees and their

transmittal to the International Bureau.

(c) International applications filed in the Patent and Trademark

Office shall be in the English language.

(d) The international fee, and the transmittal and search fees

prescribed under section 376(a) of this part, shall either be paid

on filing of an international application or within such later time

as may be fixed by the Director.

-SOURCE-

(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 686; amended

Pub. L. 98-622, title IV, Secs. 401(a), 403(a), Nov. 8, 1984, 98

Stat. 3391, 3392; Pub. L. 99-616, Sec. 2(d), Nov. 6, 1986, 100

Stat. 3485; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,

Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582;

Pub. L. 107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2,

2002, 116 Stat. 1906.)

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AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-273 made technical correction to

directory language of Pub. L. 106-113. See 1999 Amendment note

below.

1999 - Subsec. (d). Pub. L. 106-113, as amended by Pub. L.

107-273, substituted "Director" for "Commissioner".

1986 - Subsec. (d). Pub. L. 99-616 amended subsec. (d) generally.

Prior to amendment, subsec. (d) read as follows: "The basic fee

portion of the international fee, and the transmittal and search

fees prescribed under section 376(a) of this part, shall be paid on

filing of an international application or within one month after

the date of such filing. Payment of designation fees may be made on

filing and shall be made not later than one year from the priority

date of the international application."

1984 - Subsecs. (a) to (c). Pub. L. 98-622, Sec. 403(a),

substituted "Patent and Trademark Office" for "Patent Office".

Subsec. (d). Pub. L. 98-622, Sec. 401(a), inserted "or within one

month after the date of such filing" after "application".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-616 effective July 1, 1987, and

applicable to all international applications pending before or

after that date, see section 9 of Pub. L. 99-616, set out as a note

under section 351 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 401(a) of Pub. L. 98-622 effective six

months after Nov. 8, 1984, see section 406(b) of Pub. L. 98-622,

set out as a note under section 3 of this title.

Amendment by section 403(a) of Pub. L. 98-622 effective Nov. 8,

1984, see section 406(a) of Pub. L. 98-622, set out as a note under

section 351 of this title.

EFFECTIVE DATE

Chapter effective Jan. 24, 1978, and applicable to international

and national applications filed on and after that date, see section

11 of Pub. L. 94-131, set out as a note under section 351 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 376 of this title.

-End-

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35 USC Sec. 362 01/06/03

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TITLE 35 - PATENTS

PART IV - PATENT COOPERATION TREATY

CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-

Sec. 362. International Searching Authority and International

Preliminary Examining Authority

-STATUTE-

(a) The Patent and Trademark Office may act as an International

Searching Authority and International Preliminary Examining

Authority with respect to international applications in accordance

with the terms and conditions of an agreement which may be

concluded with the International Bureau, and may discharge all

duties required of such Authorities, including the collection of

handling fees and their transmittal to the International Bureau.

(b) The handling fee, preliminary examination fee, and any

additional fees due for international preliminary examination shall

be paid within such time as may be fixed by the Director.

-SOURCE-

(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 686; amended

Pub. L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98 Stat. 3392;

Pub. L. 99-616, Sec. 4, Nov. 6, 1986, 100 Stat. 3485; Pub. L.

106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)],

Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L. 107-273, div. C,

title III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-273 made technical correction to

directory language of Pub. L. 106-113. See 1999 Amendment note

below.

1999 - Subsec. (b). Pub. L. 106-113, as amended by Pub. L.

107-273, substituted "Director" for "Commissioner".

1986 - Pub. L. 99-616 inserted "and International Preliminary

Examining Authority" in section catchline and amended text

generally. Prior to amendment, text read as follows: "The Patent

and Trademark Office may act as an International Searching

Authority with respect to international applications in accordance

with the terms and conditions of an agreement which may be

concluded with the International Bureau."

1984 - Pub. L. 98-622 substituted "Patent and Trademark Office"

for "Patent Office".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-616 effective July 1, 1987, and

applicable to all international applications pending before or

after that date, see section 9 of Pub. L. 99-616, set out as a note

under section 351 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-622 effective Nov. 8, 1984, see section

406(a) of Pub. L. 98-622, set out as a note under section 351 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 376 of this title.

-End-

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35 USC Sec. 363 01/06/03

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TITLE 35 - PATENTS

PART IV - PATENT COOPERATION TREATY

CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-

Sec. 363. International application designating the United States:

Effect

-STATUTE-

An international application designating the United States shall

have the effect, from its international filing date under article

11 of the treaty, of a national application for patent regularly

filed in the Patent and Trademark Office except as otherwise

provided in section 102(e) of this title.

-SOURCE-

(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 686; amended

Pub. L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98 Stat.

3392.)

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AMENDMENTS

1984 - Pub. L. 98-622 substituted "Patent and Trademark Office"

for "Patent Office".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-622 effective Nov. 8, 1984, see section

406(a) of Pub. L. 98-622, set out as a note under section 351 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 119, 120 of this title.

-End-

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35 USC Sec. 364 01/06/03

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TITLE 35 - PATENTS

PART IV - PATENT COOPERATION TREATY

CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-

Sec. 364. International stage: Procedure

-STATUTE-

(a) International applications shall be processed by the Patent

and Trademark Office when acting as a Receiving Office,

International Searching Authority, or International Preliminary

Examining Authority, in accordance with the applicable provisions

of the treaty, the Regulations, and this title.

(b) An applicant's failure to act within prescribed time limits

in connection with requirements pertaining to a pending

international application may be excused upon a showing

satisfactory to the Director of unavoidable delay, to the extent

not precluded by the treaty and the Regulations, and provided the

conditions imposed by the treaty and the Regulations regarding the

excuse of such failure to act are complied with.

-SOURCE-

(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 686; amended

Pub. L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98 Stat. 3392;

Pub. L. 99-616, Sec. 5, Nov. 6, 1986, 100 Stat. 3485; Pub. L.

106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)],

Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L. 107-273, div. C,

title III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-273 made technical correction to

directory language of Pub. L. 106-113. See 1999 Amendment note

below.

1999 - Subsec. (b). Pub. L. 106-113, as amended by Pub. L.

107-273, substituted "Director" for "Commissioner".

1986 - Subsec. (a). Pub. L. 99-616 substituted a comma for "or"

before "International Searching Authority" and "International

Preliminary Examining Authority" for "both".

1984 - Subsec. (a). Pub. L. 98-622 substituted "Patent and

Trademark Office" for "Patent Office".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-616 effective July 1, 1987, and

applicable to all international applications pending before or

after that date, see section 9 of Pub. L. 99-616, set out as a note

under section 351 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-622 effective Nov. 8, 1984, see section

406(a) of Pub. L. 98-622, set out as a note under section 351 of

this title.

-End-

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35 USC Sec. 365 01/06/03

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TITLE 35 - PATENTS

PART IV - PATENT COOPERATION TREATY

CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-

Sec. 365. Right of priority; benefit of the filing date of a prior

application

-STATUTE-

(a) In accordance with the conditions and requirements of

subsections (a) through (d) of section 119 of this title, a

national application shall be entitled to the right of priority

based on a prior filed international application which designated

at least one country other than the United States.

(b) In accordance with the conditions and requirement of section

119(a) of this title and the treaty and the Regulations, an

international application designating the United States shall be

entitled to the right of priority based on a prior foreign

application, or a prior international application designating at

least one country other than the United States.

(c) In accordance with the conditions and requirements of section

120 of this title, an international application designating the

United States shall be entitled to the benefit of the filing date

of a prior national application or a prior international

application designating the United States, and a national

application shall be entitled to the benefit of the filing date of

a prior international application designating the United States. If

any claim for the benefit of an earlier filing date is based on a

prior international application which designated but did not

originate in the United States, the Director may require the filing

in the Patent and Trademark Office of a certified copy of such

application together with a translation thereof into the English

language, if it was filed in another language.

-SOURCE-

(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 686; amended

Pub. L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98 Stat. 3392;

Pub. L. 103-465, title V, Sec. 532(c)(4), Dec. 8, 1994, 108 Stat.

4987; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L.

107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116

Stat. 1906.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-273 made technical correction to

directory language of Pub. L. 106-113. See 1999 Amendment note

below.

1999 - Subsec. (c). Pub. L. 106-113, as amended by Pub. L.

107-273, substituted "Director" for "Commissioner".

1994 - Subsec. (a). Pub. L. 103-465, Sec. 532(c)(4)(A),

substituted "subsections (a) through (d) of section 119" for

"section 119".

Subsec. (b). Pub. L. 103-465, Sec. 532(c)(4)(B), substituted

"section 119(a)" for "the first paragraph of section 119".

1984 - Subsec. (c). Pub. L. 98-622 substituted "Patent and

Trademark Office" for "Patent Office".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective 6 months after Dec. 8,

1994, and applicable to all patent applications filed in the United

States on or after that effective date, with provisions relating to

earliest filed patent application, see section 534(b)(1), (3) of

Pub. L. 103-465, set out as a note under section 154 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-622 effective Nov. 8, 1984, see section

406(a) of Pub. L. 98-622, set out as a note under section 351 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104, 111, 154, 273, 366

of this title.

-End-

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35 USC Sec. 366 01/06/03

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TITLE 35 - PATENTS

PART IV - PATENT COOPERATION TREATY

CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-

Sec. 366. Withdrawn international application

-STATUTE-

Subject to section 367 of this part, if an international

application designating the United States is withdrawn or

considered withdrawn, either generally or as to the United States,

under the conditions of the treaty and the Regulations, before the

applicant has complied with the applicable requirements prescribed

by section 371(c) of this part, the designation of the United

States shall have no effect after the date of withdrawal, and shall

be considered as not having been made, unless a claim for the

benefit of a prior filing date under section 365(c) of this part

was made in a national application, or an international application

designating the United States, filed before the date of such

withdrawal. However, such withdrawn international application may

serve as the basis for a claim of priority under section 365(a) and

(b) of this part, if it designated a country other than the United

States.

-SOURCE-

(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 687; amended

Pub. L. 98-622, title IV, Sec. 401(b), Nov. 8, 1984, 98 Stat.

3391.)

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AMENDMENTS

1984 - Pub. L. 98-622 inserted "after the date of withdrawal,"

after "effect" and ", unless a claim for the benefit of a prior

filing date under section 365(c) of this part was made in a

national application, or an international application designating

the United States, filed before the date of such withdrawal" after

"having been made" in first sentence, and inserted "withdrawn"

after "such" in second sentence.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-622 effective six months after Nov. 8,

1984, see section 406(b) of Pub. L. 98-622, set out as a note under

section 3 of this title.

-End-

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35 USC Sec. 367 01/06/03

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TITLE 35 - PATENTS

PART IV - PATENT COOPERATION TREATY

CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-

Sec. 367. Actions of other authorities: Review

-STATUTE-

(a) Where a Receiving Office other than the Patent and Trademark

Office has refused to accord an international filing date to an

international application designating the United States or where it

has held such application to be withdrawn either generally or as to

the United States, the applicant may request review of the matter

by the Director, on compliance with the requirements of and within

the time limits specified by the treaty and the Regulations. Such

review may result in a determination that such application be

considered as pending in the national stage.

(b) The review under subsection (a) of this section, subject to

the same requirements and conditions, may also be requested in

those instances where an international application designating the

United States is considered withdrawn due to a finding by the

International Bureau under article 12(3) of the treaty.

-SOURCE-

(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 687; amended

Pub. L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98 Stat. 3392;

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L.

107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116

Stat. 1906.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273 made technical correction to

directory language of Pub. L. 106-113. See 1999 Amendment note

below.

1999 - Subsec. (a). Pub. L. 106-113, as amended by Pub. L.

107-273, substituted "Director" for "Commissioner".

1984 - Subsec. (a). Pub. L. 98-622 substituted "Patent and

Trademark Office" for "Patent Office".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-622 effective Nov. 8, 1984, see section

406(a) of Pub. L. 98-622, set out as a note under section 351 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 366 of this title.

-End-

-CITE-

35 USC Sec. 368 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART IV - PATENT COOPERATION TREATY

CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-

Sec. 368. Secrecy of certain inventions; filing international

applications in foreign countries

-STATUTE-

(a) International applications filed in the Patent and Trademark

Office shall be subject to the provisions of chapter 17 of this

title.

(b) In accordance with article 27(8) of the treaty, the filing of

an international application in a country other than the United

States on the invention made in this country shall be considered to

constitute the filing of an application in a foreign country within

the meaning of chapter 17 of this title, whether or not the United

States is designated in that international application.

(c) If a license to file in a foreign country is refused or if an

international application is ordered to be kept secret and a permit

refused, the Patent and Trademark Office when acting as a Receiving

Office, International Searching Authority, or International

Preliminary Examining Authority, may not disclose the contents of

such application to anyone not authorized to receive such

disclosure.

-SOURCE-

(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 687; amended

Pub. L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98 Stat. 3392;

Pub. L. 99-616, Sec. 6, Nov. 6, 1986, 100 Stat. 3486.)

-MISC1-

AMENDMENTS

1986 - Subsec. (c). Pub. L. 99-616 substituted a comma for "or"

after "Receiving Office" and "International Preliminary Examining

Authority" for "both".

1984 - Subsecs. (a), (c). Pub. L. 98-622 substituted "Patent and

Trademark Office" for "Patent Office".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-616 effective July 1, 1987, and

applicable to all international applications pending before or

after that date, see section 9 of Pub. L. 99-616, set out as a note

under section 351 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-622 effective Nov. 8, 1984, see section

406(a) of Pub. L. 98-622, set out as a note under section 351 of

this title.

-End-