35 U.S.C. § 362 — International Searching Authority and

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 Withdrawn international application. 367.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. 94–131, § 1, Nov. 14, 1975, 89 Stat. 686; amended Pub. L. 98–622, title IV, §§ 401(a), 403(a), Nov. 8, 1984, 98 Stat. 3391, 3392; Pub. L. 99–616, § 2(d), Nov. 6, 1986, 100 Stat. 3485; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–211, title II, § 202(b)(7), Dec. 18, 2012, 126 Stat. 1536.) Editorial Notes AMENDMENTS 2012—Subsec. (c). Pub. L. 112–211 added subsec. (c) and struck out former subsec. (c) which read as follows: ‘‘International applications filed in the Patent and Trademark Office shall be in the English language.’’ 2002—Subsec. (d). Pub. L. 107–273 made technical cor- rection to directory language of Pub. L. 106–113. See 1999 Amendment note below. 1999—Subsec. (d). Pub. L. 106–113, as amended by Pub. L. 107–273, substituted ‘‘Director’’ for ‘‘Commissioner’’. 1986—Subsec. (d). Pub. L. 99–616 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘The basic fee portion of the international fee, and the transmittal and search fees prescribed under section 376(a) of this part, shall be paid on filing of an international application or within one month after the date of such filing. Payment of designation fees may be made on filing and shall be made not later than one year from the priority date of the international appli- cation.’’ 1984—Subsecs. (a) to (c). Pub. L. 98–622, § 403(a), sub- stituted ‘‘Patent and Trademark Office’’ for ‘‘Patent Office’’. Subsec. (d). Pub. L. 98–622, § 401(a), inserted ‘‘or within one month after the date of such filing’’ after ‘‘applica- tion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litiga- tion commenced before that effective date, see section 203 of Pub. L. 112–211, set out as an Effective Date note under section 27 of this title. 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 section 401(a) of Pub. L. 98–622 effec- tive six months after Nov. 8, 1984, see section 406(b) of Pub. L. 98–622, set out as a note under section 3 of this title. Amendment by section 403(a) of Pub. L. 98–622 effec- tive 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 Pub. L. 94–131, set out as a note under section 351 of this title. § 362. International Searching Authority and International Preliminary Examining Au- thority (a) The Patent and Trademark Office may act as an International Searching Authority and International Preliminary Examining Authority with respect to international applications in ac- cordance with the terms and conditions of an agreement which may be concluded with the International Bureau, and may discharge all du- ties 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 inter- national preliminary examination shall be paid within such time as may be fixed by the Direc- tor. (Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 686; amended Pub. L. 98–622, title IV, § 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, § 4, Nov. 6, 1986, 100 Stat. 3485; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 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 Pub. L. 94–131, set out as a note under section 351 of this title. § 363. International application designating the United States: Effect An international application designating the United States shall have the effect, from its international filing date under article 11 of the treaty, of a national application for patent regu- larly filed in the Patent and Trademark Office. (Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 686; amended Pub. L. 98–622, title IV, § 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 112–29, §§ 3(g)(3), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.) Editorial Notes AMENDMENTS 2011—Pub. L. 112–29, § 20(j), struck out ‘‘of this title’’ after ‘‘102(e)’’. Pub. L. 112–29, § 3(g)(3), which directed the striking out of ‘‘except as otherwise provided in section 102(e) of this title’’, was executed by striking out ‘‘except as otherwise provided in section 102(e)’’ before period at end, to reflect the probable intent of Congress, because the words ‘‘of this title’’ did not appear subsequent to amendment by Pub. L. 112–29, § 20(j). See note above and Effective Date of 2011 Amendment notes below. 1984—Pub. L. 98–622 substituted ‘‘Patent and Trade- mark Office’’ for ‘‘Patent Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by section 3(g)(3) of Pub. L. 112–29 effec- tive upon the expiration of the 18-month period begin- ning on Sept. 16, 2011, and applicable to certain applica- tions for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under section 100 of this title. Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 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 Pub. L. 94–131, set out as a note under section 351 of this title. § 364. International stage: Procedure (a) International applications shall be proc- essed by the Patent and Trademark Office when acting as a Receiving Office, International Searching Authority, or International Prelimi- nary Examining Authority, in accordance with the applicable provisions of the treaty, the Reg- ulations, and this title. (b) An applicant’s failure to act within pre- scribed time limits in connection with require- ments pertaining to an international applica- tion may be excused as provided in the treaty and the Regulations. (Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 686; amended Pub. L. 98–622, title IV, § 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, § 5, Nov. 6, 1986, 100 Stat. 3485; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–211, title II, § 202(b)(8), Dec. 18, 2012, 126 Stat. 1536.) Editorial Notes AMENDMENTS 2012—Subsec. (b). Pub. L. 112–211 added subsec. (b) and struck out former subsec. (b) which read as follows: ‘‘An applicant’s failure to act within prescribed time limits in connection with requirements pertaining to a pending international application may be excused upon a showing satisfactory to the Director of unavoidable delay, to the extent not precluded by the treaty and the Regulations, and provided the conditions imposed by the treaty and the Regulations regarding the excuse of such failure to act are complied with.’’ 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—Subsec. (a). Pub. L. 99–616 substituted a comma for ‘‘or’’ before ‘‘International Searching Authority’’ and ‘‘International Preliminary Examining Authority’’ for ‘‘both’’. 1984—Subsec. (a). Pub. L. 98–622 substituted ‘‘Patent and Trademark Office’’ for ‘‘Patent Office’’.