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35 U.S.C. § 362 — International Searching Authority and International Preliminary Examining Authority
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Stable record: federal_law:legal_authorities:record_usc_9d283a476478e21fe71bd8ab
Source file: Laws/federal/codes/united-states-code/title-35/section-362-international-searching-authority-and-international-preliminary-examinin--f887cbc97b.md
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Source location: Title 35, Chapter 36, § 362; chapter-036-international-stage.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office.
**(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business.
**(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.
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Federal law — U.S. Code and appendices · legal_authorities
When used in this part unless the context otherwise indicates—
**(a)** The term “treaty” means the Patent Cooperation 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 pa
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Federal law — U.S. Code and appendices · legal_authorities
Page 137
TITLE 35—PATENTS
§ 362
Sec.
362.
International Searching Authority and Inter-
national 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 inter-
national applications in foreign countries.
Editorial Notes
AMENDMENTS
1986—Pub. L. 99–616, § 3, Nov. 6, 1986, 100 Stat. 3485,
amended item 362 generally.
§ 361. Receiving Office
(a) The Patent and Trademark Office shall act
as a Receiving Office for international applica-
tions filed by nationals or residents of the
United States. In accordance with any agree-
ment made between the United States and an-
other country, the Patent and Trademark Office
may also act as a Receiving Office for inter-
national applications filed by residents or na-
tionals 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 Pat-
ent and Trademark Office shall be filed in the
English language, or an English translation
shall be filed within such later time as may be
fixed by the Director.
(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.
(Added Pub. L.
Source: Supplied 2024 U.S. Code historical extraction · 35 U.S.C. § 362
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