§ 361. Receiving Office

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. 1975

   Pub. L. 94–131 § 1 · 89 Stat. 685

   Enacted · 35 U.S.C. § 361

   Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 686

   Source evidence

   Code source credit
   Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 686

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

2. 1984

   Patent Law Amendments Act of 1984

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

   Substituted · 35 U.S.C. § 361(a)(c)

   Pub. L. 98–622, § 403(a), substituted “Patent and Trademark Office” for “Patent Office”

   Source evidence

   Code amendment note
   Subsecs. (a) to (c). Pub. L. 98–622, § 403(a), 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. 1984

   Patent Law Amendments Act of 1984

   Pub. L. 98–622 § 401(a) · 98 Stat. 3383

   Inserted · 35 U.S.C. § 361(d)

   Pub. L. 98–622, § 401(a), inserted “or within one month after the date of such filing” after “application”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 98–622, § 401(a), inserted “or within one month after the date of such filing” after “application”.

   Enacted provision · exact public law section
   (a) Section 361(d) of title 35, United States Code, is amended in the first sentence by inserting “or within one month after the date of such filing” after “application”.

4. 1986

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

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

   Amended · 35 U.S.C. § 361(d)

   Pub. L. 99–616 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “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 application.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–616 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “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 application.”

   Enacted provision · exact public law section
   (d) Section 361(d) of title 35, United States Code, is amended to read as follows: “(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 Commissioner.”.

5. 1999

   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. § 361(d)

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

   2. Substituted · 35 U.S.C. § 361(d)

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

   Source evidence

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

6. 2002

   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. § 361(d)

   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. (d). 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),”.

7. 2012

   Patent Law Treaties Implementation Act of 2012

   Pub. L. 112–211 title II § 202(b)(7) · 126 Stat. 1527

   1. Added · 35 U.S.C. § 361(c)

      Pub. L. 112–211 added subsec. (c)

   2. Struck · 35 U.S.C. § 361(c)

      Pub. L. 112–211 struck out former subsec. (c) which read as follows: “International applications filed in the Patent and Trademark Office shall be in the English language.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (7) in section 361, by striking subsection (c) and inserting the following: “(c) International applications filed in the Patent 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.” ;

   Effective date note
   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 litigation 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.

7 of 9 references resolved to an enrolled provision · 2 partial