Title 35 — Patents
Part IV · Chapter 36 — International Stage
§ 363. International application designating the United States: Effect
Statutory text
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 regularly filed in the Patent and Trademark 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.
Pub. L. 94–131 § 1 · 89 Stat. 685
Enacted · 35 U.S.C. § 363
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. 686Enacted provision · exact public law section
“(1) the national fee prescribed under section 376(a) (4) of this part;Patent Law Amendments Act of 1984
Pub. L. 98–622 title IV § 403(a) · 98 Stat. 3383
Substituted · 35 U.S.C. § 363
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”.Pub. L. 112–29 § 20(j) · 125 Stat. 288
Struck · 35 U.S.C. § 363
Pub. L. 112–29, § 20(j), struck out “of this title” after “102(e)”
Source evidence
Code amendment note
Pub. L. 112–29, § 20(j), struck out “of this title” after “102(e)”.Enacted provision · exact public law section
(j) Unnecessary References.— (1) In general.— Title 35, 35 USC 2, 12, 32, 41, 103, 104, 111, 119–123, 132, 135, 143, 145, 146, 154, 157, 162, 172, 182–186, 207, 210, 257, 267. United States Code, is amended by striking “of this title” each place that term appears. (2) Exception.— The amendment made by paragraph (1) shall not apply to the use of such term in the following sections of title 35, United States Code: (A) Section 1(c). (B) Section 101. (C) Subsections (a) and (b) of section 105. (D) The first instance of the use of such term in section 111(b)(8). (E) Section 161. (F) Section 164. (G) Section 171. (H) Section 251(c), as so designated by this section. (I) Section 261. (J) Subsections (g) and (h) of section 271. (K) Section 287(b)(1). (L) Section 289. (M) The first instance of the use of such term in section 375(a).Effective date note
Amendment by section 3(g)(3) of Pub. L. 112–29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications 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.Pub. L. 112–29 § 3(g)(3) · 125 Stat. 288
Struck · 35 U.S.C. § 363
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
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(3) International application designating the united states: effect.— Section 363 of title 35, United States Code, is amended by striking “except as otherwise provided in section 102(e) of this title”.Effective date note
Amendment by section 3(g)(3) of Pub. L. 112–29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications 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.
4 of 4 references resolved to an enrolled provision
Editorial Notes
Amendments1984–2011 · 2 rounds
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 Trademark 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 effective upon the expiration of the 18-month period beginning on , and applicable to certain applications 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 , 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 , see section 406(a) of Pub. L. 98–622, set out as a note under section 351 of this title.
Effective Date
Section effective , 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.
Credits
1975–2011 · 3 acts
- 1975Added Pub. L. 94–131, § 1, , 89 Stat. 686
- 1984amended Pub. L. 98–622, title IV, § 403(a), , 98 Stat. 3392
- 2011Pub. L. 112–29, §§ 3(g)(3), 20(j), , 125 Stat. 288, 335.
Show as published
(Added Pub. L. 94–131, § 1, , 89 Stat. 686; amended Pub. L. 98–622, title IV, § 403(a), , 98 Stat. 3392; Pub. L. 112–29, §§ 3(g)(3), 20(j), , 125 Stat. 288, 335.)