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Title 35 — Patents

Part IV · Chapter 35 — Definitions

§ 351. Definitions

Statutory text

When used in this part unless the context otherwise indicates—

(a)

The term “treaty” means the Patent Cooperation Treaty done at Washington, on .

(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 part are to be taken in the sense indicated by the treaty and the Regulations.

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.

  1. Pub. L. 94–131 § 1 · 89 Stat. 685

    Enacted · 35 U.S.C. § 351

    Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 685

    Source evidence

    Code source credit
    Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 685

    Enacted provision · exact public law section
    “(1) the national fee prescribed under section 376(a) (4) of this part;

  2. Patent Law Amendments Act of 1984

    Pub. L. 98–622 title IV § 403(a) · 98 Stat. 3383

    Substituted · 35 U.S.C. § 351(d)

    Pub. L. 98–622 substituted “Patent and Trademark Office” for “Patent Office”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 98–622 substituted “Patent and Trademark Office” for “Patent Office”.

    Enacted provision · exact public law section
    (a) Title 35, United States Code, is amended by striking out “Patent Office” each place it appears and inserting in lieu thereof “Patent and Trademark Office”.

  3. Act to authorize the United States to participate in chapter II of the Patent Cooperation Treaty

    Pub. L. 99–616 § 2(a) · 100 Stat. 3485

    Struck · 35 U.S.C. § 351(a)

    Pub. L. 99–616, § 2(a), struck out “, excluding chapter II thereof” after “June 19, 1970”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–616, § 2(a), struck out “, excluding chapter II thereof” after “June 19, 1970”.

    Enacted provision · exact public law section
    (a) Section 351(a) of title 35, United States Code, is amended by striking out “, excluding chapter II thereof”.

  4. Act to authorize the United States to participate in chapter II of the Patent Cooperation Treaty

    Pub. L. 99–616 § 2(b) · 100 Stat. 3485

    Struck · 35 U.S.C. § 351(b)

    Pub. L. 99–616, § 2(b), struck out “excluding part C thereof” after “under the treaty”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–616, § 2(b), struck out “excluding part C thereof” after “under the treaty”.

    Enacted provision · exact public law section
    (b) Section 351(b) of title 35, United States Code, is amended by striking out “excluding part C thereof”.

  5. Act to authorize the United States to participate in chapter II of the Patent Cooperation Treaty

    Pub. L. 99–616 § 2(c) · 100 Stat. 3485

    Substituted · 35 U.S.C. § 351(g)

    Pub. L. 99–616, § 2(c), substituted “The terms ‘International Searching Authority’ and ‘International Preliminary Examining Authority’ mean” for “The term ‘International Searching Authority’ means”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 99–616, § 2(c), substituted “The terms ‘International Searching Authority’ and ‘International Preliminary Examining Authority’ mean” for “The term ‘International Searching Authority’ means”.

    Enacted provision · exact public law section
    (c) Section 351(g) of title 35, United States Code, is amended by— (1) striking out “term” and inserting in lieu thereof “terms”; (2) inserting “and ‘International Preliminary Examining Authority’ ” after “Authority”; and (3) striking out “means” and inserting in lieu thereof “mean”.

  6. District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 div. B § 1000(a)(9)(tIV)(s4732)(a)(10)(A) · 113 Stat. 1501

    1. Amended · 35 U.S.C. § 351(b)

      Pub. L. 106–113, as amended by Pub. L. 107–273

    2. Substituted · 35 U.S.C. § 351(b)

      Pub. L. 106–113, as substituted “Director” for “Commissioner”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.

    Effective date note
    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.

  7. Intellectual Property and High Technology Technical Amendments Act of 2002

    Pub. L. 107–273 div. C title III § 13206(b)(1)(B) · 116 Stat. 1758

    Changed · 35 U.S.C. § 351(b)

    Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. 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),”.

6 of 8 references resolved to an enrolled provision · 2 partial

Editorial Notes

Amendments1984–2002 · 4 rounds

2002

Subsec. (b). Pub. L. 107–273 made technical correction 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, § 2(a), struck out “, excluding chapter II thereof” after “”.

Subsec. (b). Pub. L. 99–616, § 2(b), struck out “excluding part C thereof” after “under the treaty”.

Subsec. (g). Pub. L. 99–616, § 2(c), substituted “The terms ‘International Searching Authority’ and ‘International Preliminary Examining Authority’ mean” for “The term ‘International Searching Authority’ means”.

1984

Subsec. (d). Pub. L. 98–622 substituted “Patent and Trademark Office” for “Patent Office”.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Amendment by 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.

Effective Date of 1986 Amendment

Pub. L. 99–616, § 9, , 100 Stat. 3487, provided that: “Sections 2 through 8 of this Act [amending this section and sections 361, 362, 364, 368, 371, and 376 of this title] shall come into force on the same day as the effective date of entry into force of chapter II of the Patent Cooperation Treaty with respect to the United States, by virtue of the withdrawal of the declaration under article 64(1)(a) of the Patent Cooperation Treaty. It shall apply to all international applications pending before or after its effective date.”

[The Patent Cooperation Treaty became effective for the United States on . The United States, however, was one of six countries (out of the 40 countries who have ratified or acceded to the Treaty) which had reservations not to be bound by Chapter II. The document removing the reservation as to Chapter II was deposited with the Director General of the World Intellectual Property Organization on . Accordingly, Chapter II of the Treaty for the United States of America and Pub. L. 99–616 became effective 3 months later on . See 52 F.R. 20038, 20041, .]

Effective Date of 1984 Amendment

Pub. L. 98–622, title IV, § 406(a), , 98 Stat. 3393, provided that: “Section 404 of this Act [set out as a note under section 41 of this title] and the amendments made by section 403 of this Act [amending this section and sections 104, 361, 362, 363, 364, 365, 367, 368, 371, 372, 373, and 376 of this title] shall take effect on the date of the enactment of this Act [].”

Effective Date

Pub. L. 94–131, § 11, , 89 Stat. 692, provided that:

“(a)

Section 1 of this Act [enacting this part] shall come into force on the same day as the entry into force of the Patent Cooperation Treaty with respect to the United States. It shall apply to international and national applications filed on and after this effective date, even though entitled to the benefit of an earlier filing date, and to patents issued on such applications.

“(b)

Sections 2 to 10 of this Act [amending sections 6, 41, 42, 102, 104, 112, 113, 120, and 282 of this title] shall take effect on the same day as section 1 of this Act [enacting this part] and shall apply to all applications for patent actually filed in the United States on and after this effective date, as well as to international applications where applicable.

“(c)

Applications for patent on file in the Patent Office [now the Patent and Trademark Office] on the effective date of this Act, and patents issued on such applications, shall be governed by the provisions of title 35, United States Code, in effect immediately prior to the effective date of this Act.”

[The Patent Cooperation Treaty entered into force with respect to the United States on , with the exception of Chapter II.]

Short Title of 1986 Amendment

Pub. L. 99–616, § 1, , 100 Stat. 3485, provided: “That this Act [amending this section and sections 361, 362, 364, 368, 371, and 376 of this title and enacting provisions set out as a note above] may be cited as the ‘Act to authorize the United States to participate in chapter II of the Patent Cooperation Treaty’.”

Credits

1975–2002 · 5 acts
  1. 1975Added Pub. L. 94–131, § 1, , 89 Stat. 685
  2. 1984amended Pub. L. 98–622, title IV, § 403(a), , 98 Stat. 3392
  3. 1986Pub. L. 99–616, § 2(a)–(c), , 100 Stat. 3485
  4. 1999Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], , 113 Stat. 1536, 1501A–582
  5. 2002Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), , 116 Stat. 1906.
Show as published

(Added Pub. L. 94–131, § 1, , 89 Stat. 685; amended Pub. L. 98–622, title IV, § 403(a), , 98 Stat. 3392; Pub. L. 99–616, § 2(a)–(c), , 100 Stat. 3485; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], , 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), , 116 Stat. 1906.)

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