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35 USC CHAPTER 35 - DEFINITIONS 01/06/03

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TITLE 35 - PATENTS

PART IV - PATENT COOPERATION TREATY

CHAPTER 35 - DEFINITIONS

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CHAPTER 35 - DEFINITIONS

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Sec.

351. Definitions.

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35 USC Sec. 351 01/06/03

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TITLE 35 - PATENTS

PART IV - PATENT COOPERATION TREATY

CHAPTER 35 - DEFINITIONS

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Sec. 351. Definitions

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When used in this part unless the context otherwise indicates -

(a) The term "treaty" means the Patent Co- operation Treaty done

at Washington, on June 19, 1970.

(b) The term "Regulations", when capitalized, means the

Regulations under the treaty, done at Washington on the same date

as the treaty. The term "regulations", when not capitalized, means

the regulations established by the Director under this title.

(c) The term "international application" means an application

filed under the treaty.

(d) The term "international application originating in the United

States" means an international application filed in the Patent and

Trademark Office when it is acting as a Receiving Office under the

treaty, irrespective of whether or not the United States has been

designated in that international application.

(e) The term "international application designating the United

States" means an international application specifying the United

States as a country in which a patent is sought, regardless where

such international application is filed.

(f) The term "Receiving Office" means a national patent office or

intergovernmental organization which receives and processes

international applications as prescribed by the treaty and the

Regulations.

(g) The terms "International Searching Authority" and

"International Preliminary Examining Authority" mean a national

patent office or intergovernmental organization as appointed under

the treaty which processes international applications as prescribed

by the treaty and the Regulations.

(h) The term "International Bureau" means the international

intergovernmental organization which is recognized as the

coordinating body under the treaty and the Regulations.

(i) Terms and expressions not defined in this part are to be

taken in the sense indicated by the treaty and the Regulations.

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(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 685; amended

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

Pub. L. 99-616, Sec. 2(a)-(c), 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. (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, Sec. 2(a), struck out ",

excluding chapter II thereof" after "June 19, 1970".

Subsec. (b). Pub. L. 99-616, Sec. 2(b), struck out "excluding

part C thereof" after "under the treaty".

Subsec. (g). Pub. L. 99-616, Sec. 2(c), substituted "The terms

'International Searching Authority' and 'International Preliminary

Examining Authority' mean" for "The term 'International Searching

Authority' means".

1984 - Subsec. (d). 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

Section 9 of Pub. L. 99-616 provided that: "Sections 2 through 8

of this Act [amending this section and sections 361, 362, 364, 368,

371, and 376 of this title] shall come into force on the same day

as the effective date of entry into force of chapter II of the

Patent Cooperation Treaty with respect to the United States, by

virtue of the withdrawal of the declaration under article 64(1)(a)

of the Patent Cooperation Treaty. It shall apply to all

international applications pending before or after its effective

date."

[The Patent Cooperation Treaty became effective for the United

States on Jan. 24, 1978. The United States, however, was one of six

countries (out of the 40 countries who have ratified or acceded to

the Treaty) which had reservations not to be bound by Chapter II.

The document removing the reservation as to Chapter II was

deposited with the Director General of the World Intellectual

Property Organization on Apr. 1, 1987. Accordingly, Chapter II of

the Treaty for the United States of America and Pub. L. 99-616

became effective 3 months later on July 1, 1987. See 52 F.R. 20038,

20041, May 28, 1987.]

EFFECTIVE DATE OF 1984 AMENDMENT

Section 406(a) of Pub. L. 98-622 provided that: "Section 404 of

this Act [set out as a note under section 41 of this title] and the

amendments made by section 403 of this Act [amending this section

and sections 104, 361, 362, 363, 364, 365, 367, 368, 371, 372, 373,

and 376 of this title] shall take effect on the date of the

enactment of this Act [Nov. 8, 1984]."

EFFECTIVE DATE

Section 11 of Pub. L. 94-131 provided that:

"(a) Section 1 of this Act [enacting this part] shall come into

force on the same day as the entry into force of the Patent

Cooperation Treaty with respect to the United States. It shall

apply to international and national applications filed on and after

this effective date, even though entitled to the benefit of an

earlier filing date, and to patents issued on such applications.

"(b) Sections 2 to 10 of this Act [amending sections 6, 41, 42,

102, 104, 112, 113, 120, and 282 of this title] shall take effect

on the same day as section 1 of this Act [enacting this part] and

shall apply to all applications for patent actually filed in the

United States on and after this effective date, as well as to

international applications where applicable.

"(c) Applications for patent on file in the Patent Office [now

the Patent and Trademark Office] on the effective date of this Act,

and patents issued on such applications, shall be governed by the

provisions of title 35, United States Code, in effect immediately

prior to the effective date of this Act."

[The Patent Cooperation Treaty entered into force with respect to

the United States on Jan. 24, 1978, with the exception of Chapter

II.]

SHORT TITLE OF 1986 AMENDMENT

Section 1 of Pub. L. 99-616 provided: "That this Act [amending

this section and sections 361, 362, 364, 368, 371, and 376 of this

title and enacting provisions set out as a note above] may be cited

as the 'Act to authorize the United States to participate in

chapter II of the Patent Cooperation Treaty'."

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 102, 154, 374 of this

title.

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