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35 U.S.C. § 361 — Receiving Office

Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 361 — Receiving Office

**(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 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.

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Source file: Laws/federal/codes/united-states-code/title-35/section-361-receiving-office--7540d0a4f0.md
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Source location: Title 35, Chapter 36, § 361; chapter-036-international-stage.md

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 27 — Revival of applications; reinstatement of reexamination proceedings

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

35 U.S.C. § 3 — Officers and employees

**(a) Under Secretary and Director.—** (1) **In general.—** — The powers and duties of the United States Patent and Trademark Office shall be vested in an Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (in this title referred to as the “Director”), who shall be a citizen of the United States and who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall be a person who has a professional background and experience in patent or trademark law. (2) **Duties.—** (A) *In general.—* — The Director shall be responsible for providing policy direction and management supervision for the Office and for the issuance of patents and the registration of trademarks. The Director shall perform these duties in a fair, impartial, and equitable manner. (B) *Consulting with the public advisory committees.—* — The Director shall consult with the Patent Public Advisory Committee established in section 5 on a regular basis on matters relating to the patent operations of the Office, shall consult with the Trademark Public Advisory Committee established in section 5 on a regular basis on matters relating to the trademark operations of the Office, and shall consult with the respective Public Advisory Committee before submitting budgetary proposals to the Office of Management and Budget or changing or proposing to change patent or trademark user fees or patent or trademark regulations which are subject to the requirement to provide notice and opportunity for public comment under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), as the case may be. (3) **Oath.—** — The Director shall, before takin

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35 U.S.C. § 1 — Establishment

**(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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35 U.S.C. § 351 — Definitions

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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35 U.S.C. § 361 — Receiving Office

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.

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