§ 362. International Searching Authority and International Preliminary Examining Authority

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. § 362

   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 title IV § 403(a) · 98 Stat. 3383

   Substituted · 35 U.S.C. § 362

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

   Source evidence

   Code amendment note
   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. 1986

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

   Pub. L. 99–616 § 4 · 100 Stat. 3485

   1. Inserted · 35 U.S.C. § 362

      Pub. L. 99–616 inserted “and International Preliminary Examining Authority” in section catchline

   2. Amended · 35 U.S.C. § 362

      Pub. L. 99–616 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.”

   Source evidence

   Code amendment note
   Pub. L. 99–616 inserted “and International Preliminary 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.”

   Enacted provision · exact public law section
   Sec. 4. Section 362 of title 35, United States Code, is amended to read as follows: “§ 362. International Searching Authority and International Preliminary Examining Authority “(a) The Patent and Trademark Office may act as an International Searching Authority and International Preliminary Examining Authority with respect to international applications in accordance with the terms and conditions of an agreement which may be concluded with the International Bureau, and may discharge all duties 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 international preliminary examination shall be paid within such time as may be fixed by the Commissioner.”.

4. 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. § 362(b)

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

   2. Substituted · 35 U.S.C. § 362(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.

5. 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. § 362(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),”.

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