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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.

  1. 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. 686

    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. § 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”.

  3. 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.

  4. 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
  1. 1975Added Pub. L. 94–131, § 1, , 89 Stat. 686
  2. 1984amended Pub. L. 98–622, title IV, § 403(a), , 98 Stat. 3392
  3. 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.)

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USLM identifier /us/usc/t35/s363