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35 U.S.C. § 364 — International stage: Procedure
Federal law — U.S. Code and appendices · legal_authorities
**(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 an international application may be excused as provided in the treaty and the Regulations.
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Source location: Title 35, Chapter 36, § 364; chapter-036-international-stage.md
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**(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 an international application may be excused as provided in the treaty and the Regulations.
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Federal law — U.S. Code and appendices · legal_authorities
The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to revive an unintentionally abandoned application for patent, accept an unintentionally delayed payment of the fee for issuing each patent, or accept an unintentionally delayed response by the patent owner in a reexamination proceeding, upon petition by the applicant for patent or patent owner.
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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 138
TITLE 35—PATENTS
§ 363
1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273,
div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116
Stat. 1906.)
Editorial Notes
AMENDMENTS
2002—Subsec. (b). Pub. L. 107–273 made technical cor-
rection 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 Pre-
liminary 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 Trade-
mark Office’’ for ‘‘Patent Office’’.
Statutory Notes and Related Subsidiaries
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, § 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.
EFFECTIVE DATE
Section effective Jan. 24, 1978, and applicable to
international and national applications filed on and
after that date, see section 11 of Pu
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