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Title 35 — Patents

Part IV · Chapter 36 — International Stage

§ 368. Secrecy of certain inventions; filing international applications in foreign countries

Statutory text

(a)

International applications filed in the Patent and Trademark Office shall be subject to the provisions of chapter 17.

(b)

In accordance with article 27(8) of the treaty, the filing of an international application in a country other than the United States on the invention made in this country shall be considered to constitute the filing of an application in a foreign country within the meaning of chapter 17, whether or not the United States is designated in that international application.

(c)

If a license to file in a foreign country is refused or if an international application is ordered to be kept secret and a permit refused, the Patent and Trademark Office when acting as a Receiving Office, International Searching Authority, or International Preliminary Examining Authority, may not disclose the contents of such application to anyone not authorized to receive such disclosure.

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. § 368

    Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 687

    Source evidence

    Code source credit
    Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 687

    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. § 368(a); 35 U.S.C. § 368(c)

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

    Source evidence

    Code amendment note
    Subsecs. (a), (c). 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 § 6 · 100 Stat. 3485

    Substituted · 35 U.S.C. § 368(c)

    Pub. L. 99–616 substituted a comma for “or” after “Receiving Office” and “International Preliminary Examining Authority” for “both”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–616 substituted a comma for “or” after “Receiving Office” and “International Preliminary Examining Authority” for “both”.

    Enacted provision · exact public law section
    Sec. 6. Section 368(c) of title 35, United States Code, is amended by— (a) striking out the second occurrence of “or” and inserting in lieu thereof “,” and (b) striking out “both” and inserting in lieu thereof “International Preliminary Examining Authority”.

  4. Pub. L. 112–29 § 20(j) · 125 Stat. 335

    Struck · 35 U.S.C. § 368(a); 35 U.S.C. § 368(b)

    Pub. L. 112–29 struck out “of this title” after “17”

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 112–29 struck out “of this title” after “17”.

    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 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 · 3 rounds

2011

Subsecs. (a), (b). Pub. L. 112–29 struck out “of this title” after “17”.

1986

Subsec. (c). Pub. L. 99–616 substituted a comma for “or” after “Receiving Office” and “International Preliminary Examining Authority” for “both”.

1984

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

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by 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 1986 Amendment

Amendment by Pub. L. 99–616 effective , and applicable to all international applications pending before or after that date, see section 9 of Pub. L. 99–616, set out as a note under section 351 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 · 4 acts
  1. 1975Added Pub. L. 94–131, § 1, , 89 Stat. 687
  2. 1984amended Pub. L. 98–622, title IV, § 403(a), , 98 Stat. 3392
  3. 1986Pub. L. 99–616, § 6, , 100 Stat. 3486
  4. 2011Pub. L. 112–29, § 20(j), , 125 Stat. 335.
Show as published

(Added Pub. L. 94–131, § 1, , 89 Stat. 687; amended Pub. L. 98–622, title IV, § 403(a), , 98 Stat. 3392; Pub. L. 99–616, § 6, , 100 Stat. 3486; Pub. L. 112–29, § 20(j), , 125 Stat. 335.)

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