Title 35 — Patents
Part I · Chapter 1 — Establishment, Officers and Employees, Functions
§ 11. Exchange of copies of patents and applications with foreign countries
Statutory text
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 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 USMCA country or a WTO member country, without the express authorization of the Secretary of Commerce.
Definitions.—
In this section—
the term “USMCA country” has the meaning given that term in section 3 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502); and
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)).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
July 19, 1952, ch. 950, 66 Stat. 794, § 12 · 66 Stat. 794
Enacted · 35 U.S.C. § 11
July 19, 1952, ch. 950, 66 Stat. 794, § 12
Source evidence
Code source credit
July 19, 1952, ch. 950, 66 Stat. 794, § 12District of Columbia Appropriations Act, 2000
Pub. L. 106–113 § 1000(a)(9)(tIV)(s4808) · 113 Stat. 1501
Inserted · 35 U.S.C. § 11
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4808], inserted 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 authorization 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 section 104(b).”
Source evidence
Code amendment note
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4808], inserted 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 authorization 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 section 104(b).”District of Columbia Appropriations Act, 2000
Pub. L. 106–113 § 1000(a)(9)(tIV)(s4732)(a)(10)(A) · 113 Stat. 1501
Amended · 35 U.S.C. § 11
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, § 13206(b)(1)(B)
Substituted · 35 U.S.C. § 11
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as substituted “Director” for “Commissioner”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, § 13206(b)(1)(B), substituted “Director” for “Commissioner”.District of Columbia Appropriations Act, 2000
Pub. L. 106–113 § 1000(a)(9)(tIV)(s4717)(1) · 113 Stat. 1501
Changed · 35 U.S.C. § 11
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)], renumbered section 12 of this title as this section
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)], renumbered section 12 of this title as this section.District of Columbia Appropriations Act, 2000
Pub. L. 106–113 § 1000(a)(9)(tIV)(s4507)(2) · 113 Stat. 1501
Amended · 35 U.S.C. § 11
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(2)], as amended by Pub. L. 107–273, § 13205(2)(B)
Inserted · 35 U.S.C. § 11
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(2)], as inserted “and applications” after “patents” in section catchline and “and published applications for patents” after “patents” in text
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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 “patents” in text.Intellectual Property and High Technology Technical Amendments Act of 2002
Pub. L. 107–273 § 13206(b)(1)(B) · 116 Stat. 1758
Changed · 35 U.S.C. § 11
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 Amendment note below
Source evidence
Code amendment note
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 Amendment note below.Enacted provision · exact public law section
(B) in paragraph (10)(A), by inserting after “title 35, United States Code,” the following: “other than sections 1 through 6 (as amended by chapter 1 of this subtitle),”.Intellectual Property and High Technology Technical Amendments Act of 2002
Pub. L. 107–273 § 13205(2)(B) · 116 Stat. 1758
Changed · 35 U.S.C. § 11
Pub. L. 107–273, § 13205(2)(B), made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(2)]. See 1999 Amendment note below
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 107–273, § 13205(2)(B), made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(2)]. See 1999 Amendment note below.Enacted provision · exact public law section
(B) in paragraph (2), by striking “Section 12” and inserting “Section 11”.Financial Services and General Government Appropriations Act, 2021
Pub. L. 116–260 div. O title VI § 602(d) · 134 Stat. 1182
Amended · 35 U.S.C. § 11
Pub. L. 116–260 designated existing provisions as subsec. (a)
Inserted · 35 U.S.C. § 11
Pub. L. 116–260 inserted heading
Substituted · 35 U.S.C. § 11
Pub. L. 116–260 substituted “other than a USMCA country” for “other than a NAFTA country”
Substituted · 35 U.S.C. § 11
Pub. L. 116–260 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 section 104(b).”
Source evidence
Code amendment note
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 section 104(b).”Enacted provision · exact public law section
Sec. 602. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein.Effective date note
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.
6 of 13 references resolved to an enrolled provision · 7 partial
Notes
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., §§ 15, and 78, part (, 38 Stat. 1221; Feb. 18, 1922, ch. 58, § 9, proviso 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.
Amendments1999–2020 · 3 rounds
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 section 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 Amendment note below.
Pub. L. 107–273, § 13205(2)(B), made technical correction 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], inserted 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 authorization 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 section 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), substituted “Director” for “Commissioner”.
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)], renumbered 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 “patents” in text.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by Pub. L. 116–260 effective , 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 , and applicable only to applications (including international applications 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 , see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
Credits
1952–2020 · 4 acts
- 1952July 19, 1952, ch. 950, 66 Stat. 794, § 12
- 1999renumbered § 11 and amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4507(2), 4717(1), 4732(a)(10)(A), 4808], , 113 Stat. 1536, 1501A–565, 1501A–580, 1501A–582, 1501A–591
- 2002Pub. L. 107–273, div. C, title III, §§ 13205(2)(B), 13206(b)(1)(B), , 116 Stat. 1903, 1906
- 2020Pub. L. 116–260, div. O, title VI, § 602(d), , 134 Stat. 2153.
Show as published
(July 19, 1952, ch. 950, 66 Stat. 794, § 12; renumbered § 11 and amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4507(2), 4717(1), 4732(a)(10)(A), 4808], , 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), , 116 Stat. 1903, 1906; Pub. L. 116–260, div. O, title VI, § 602(d), , 134 Stat. 2153.)