35 U.S.C. § 363 — International application designating the

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’’.