35 U.S.C. § 11 — Exchange of copies of patents and applica-

Page 19 TITLE 35—PATENTS § 12 Pub. L. 106–113, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93–596 effective Jan. 2, 1975, see section 4 of Pub. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade. § 11. Exchange of copies of patents and applica- tions with foreign countries (a) IN GENERAL.—The Director may exchange copies of specifications and drawings of United States patents and published applications for patents for those of foreign countries. The Di- rector shall not enter into an agreement to pro- vide such copies of specifications and drawings of United States patents and applications to a foreign country, other than a USMCA country or a WTO member country, without the express authorization of the Secretary of Commerce. (b) DEFINITIONS.—In this section— (1) the term ‘‘USMCA country’’ has the meaning given that term in section 3 of the United States-Mexico-Canada Agreement Im- plementation Act (19 U.S.C. 4502); and (2) the term ‘‘WTO member country’’ has the meaning given that term in section 2(10) of the Uruguay Round Agreements Act (19 U.S.C. 3501(10)). (July 19, 1952, ch. 950, 66 Stat. 794, § 12; renum- bered § 11 and amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4507(2), 4717(1), 4732(a)(10)(A), 4808], Nov. 29, 1999, 113 Stat. 1536, 1501A–565, 1501A–580, 1501A–582, 1501A–591; Pub. L. 107–273, div. C, title III, §§ 13205(2)(B), 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1903, 1906; Pub. L. 116–260, div. O, title VI, § 602(d), Dec. 27, 2020, 134 Stat. 2153.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., §§ 15, and 78, part (Jan. 14, 1915, 38 Stat. 1221; Feb. 18, 1922, ch. 58, § 9, pro- viso in, 42 Stat. 393). The first act mentioned applies to Canada only, the second to any country; these are consolidated in one section, specific reference to one country not being necessary. Language is changed. Editorial Notes PRIOR PROVISIONS A prior section 11 was renumbered section 10 of this title. AMENDMENTS 2020—Pub. L. 116–260 designated existing provisions as subsec. (a) and inserted heading, substituted ‘‘other than a USMCA country’’ for ‘‘other than a NAFTA country’’, and substituted subsec. (b) for former third sentence which read as follows: ‘‘For purposes of this section, the terms ‘NAFTA country’ and ‘WTO member country’ have the meanings given those terms in sec- tion 104(b).’’ 2002—Pub. L. 107–273, § 13206(b)(1)(B), made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amend- ment note below. Pub. L. 107–273, § 13205(2)(B), made technical correc- tion to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(2)]. See 1999 Amendment note below. 1999—Pub. L. 106–113, § 1000(a)(9) [title IV, § 4808], in- serted at end ‘‘The Director shall not enter into an agreement to provide such copies of specifications and drawings of United States patents and applications to a foreign country, other than a NAFTA country or a WTO member country, without the express authoriza- tion of the Secretary of Commerce. For purposes of this section, the terms ‘NAFTA country’ and ‘WTO member country’ have the meanings given those terms in sec- tion 104(b).’’ Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, § 13206(b)(1)(B), sub- stituted ‘‘Director’’ for ‘‘Commissioner’’. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)], renum- bered section 12 of this title as this section. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(2)], as amended by Pub. L. 107–273, § 13205(2)(B), inserted ‘‘and applications’’ after ‘‘patents’’ in section catchline and ‘‘and published applications for patents’’ after ‘‘pat- ents’’ in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 effective July 1, 2020, see section 602(g) of div. O of Pub. L. 116–260, set out as a note under section 2578b of Title 19, Customs Duties. EFFECTIVE DATE OF 1999 AMENDMENT Amendment by section 1000(a)(9) [title IV, § 4507(2)] of Pub. L. 106–113 effective Nov. 29, 2000, and applicable only to applications (including international applica- tions designating the United States) filed on or after that date, see section 1000(a)(9) [title IV, § 4508] of Pub. L. 106–113, as amended, set out as a note under section 10 of this title. Amendment by section 1000(a)(9) [title IV, §§ 4717(1), 4732(a)(10)(A)] of 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. § 12. Copies of patents and applications for pub- lic libraries The Director may supply copies of specifica- tions and drawings of patents and published ap- plications for patents in printed or electronic form to public libraries in the United States which shall maintain such copies for the use of the public, at the rate for each year’s issue es- tablished for this purpose in section 41(d). (July 19, 1952, ch. 950, 66 Stat. 794, § 13; Pub. L. 97–247, § 15, Aug. 27, 1982, 96 Stat. 321; renumbered § 12 and amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4507(3), 4717(1), 4732(a)(10)(A), 4804(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–565, 1501A–580, 1501A–582, 1501A–589; Pub. L. 107–273, div. C, title III, §§ 13205(2)(C), 13206(b)(1)(B), (3)(B), Nov. 2, 2002, 116 Stat. 1903, 1906; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 78, part (R.S. 4934, Feb. 18, 1922, ch. 58, § 9, 42 Stat. 389, 393, amended June 15, 1950, ch. 249, 64 Stat. 215). The proviso in the schedule of fees of the existing statute is made a separate section and some changes in language are made. Editorial Notes PRIOR PROVISIONS A prior section 12 was renumbered section 11 of this title. AMENDMENTS 2011—Pub. L. 112–29 struck out ‘‘of this title’’ after ‘‘41(d)’’.