Title 35 — Patents
Part IV · Chapter 37 — National Stage
§ 371. National stage: Commencement
Statutory text
Receipt from the International Bureau of copies of international applications with any amendments to the claims, international search reports, and international preliminary examination reports including any annexes thereto may be required in the case of international applications designating or electing the United States.
Subject to subsection (f) of this section, the national stage shall commence with the expiration of the applicable time limit under article 22(1) or (2), or under article 39(1)(a) of the treaty.
The applicant shall file in the Patent and Trademark Office—
the national fee provided in section 41(a);
a copy of the international application, unless not required under subsection (a) of this section or already communicated by the International Bureau, and a translation into the English language of the international application, if it was filed in another language;
amendments, if any, to the claims in the international application, made under article 19 of the treaty, unless such amendments have been communicated to the Patent and Trademark Office by the International Bureau, and a translation into the English language if such amendments were made in another language;
an oath or declaration of the inventor (or other person authorized under chapter 11) complying with the requirements of section 115 and with regulations prescribed for oaths or declarations of applicants;
a translation into the English language of any annexes to the international preliminary examination report, if such annexes were made in another language.
The requirements with respect to the national fee referred to in subsection (c)(1), the translation referred to in subsection (c)(2), and the oath or declaration referred to in subsection (c)(4) of this section shall be complied with by the date of the commencement of the national stage or by such later time as may be fixed by the Director. The copy of the international application referred to in subsection (c)(2) shall be submitted by the date of the commencement of the national stage. Failure to comply with these requirements shall be regarded as abandonment of the application by the parties thereof. The payment of a surcharge may be required as a condition of accepting the national fee referred to in subsection (c)(1) or the oath or declaration referred to in subsection (c)(4) of this section if these requirements are not met by the date of the commencement of the national stage. The requirements of subsection (c)(3) of this section shall be complied with by the date of the commencement of the national stage, and failure to do so shall be regarded as a cancellation of the amendments to the claims in the international application made under article 19 of the treaty. The requirement of subsection (c)(5) shall be complied with at such time as may be fixed by the Director and failure to do so shall be regarded as cancellation of the amendments made under article 34(2)(b) of the treaty.
After an international application has entered the national stage, no patent may be granted or refused thereon before the expiration of the applicable time limit under article 28 or article 41 of the treaty, except with the express consent of the applicant. The applicant may present amendments to the specification, claims and drawings of the application after the national stage has commenced.
At the express request of the applicant, the national stage of processing may be commenced at any time at which the application is in order for such purpose and the applicable requirements of subsection (c) of this section have been complied with.
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. § 371
Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 688
Source evidence
Code source credit
Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 688Enacted 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 § 402(a) · 98 Stat. 3383
Substituted · 35 U.S.C. § 371(a)
Pub. L. 98–622, § 402(a), substituted “may be” for “is”
Struck · 35 U.S.C. § 371(a)
Pub. L. 98–622, § 402(a), struck out “, except those filed in the Patent Office” after “United States”, which amendment was executed by striking out “, except those filed in the Patent and Trademark Office” as the probable intent of Congress in view of the amendment by section 403(a) of Pub. L. 98–622. See Effective Date of 1984 Amendment note below
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–622, § 402(a), substituted “may be” for “is” and struck out “, except those filed in the Patent Office” after “United States”, which amendment was executed by striking out “, except those filed in the Patent and Trademark Office” as the probable intent of Congress in view of the amendment by section 403(a) of Pub. L. 98–622. See Effective Date of 1984 Amendment note below.Enacted provision · exact public law section
(a) Section 371(a) of title 35, United States Code, is amended— (1) by striking out “is” and inserting in lieu thereof “may be”; and (2) by striking out “, except those filed in the Patent Office”.Patent Law Amendments Act of 1984
Pub. L. 98–622 § 403(a) · 98 Stat. 3383
Substituted · 35 U.S.C. § 371(a)
Pub. L. 98–622, § 403(a), substituted “Patent and Trademark Office” for “Patent Office”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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”.Patent Law Amendments Act of 1984
Pub. L. 98–622 title IV · 98 Stat. 3383
Struck · 35 U.S.C. § 371(b)
Pub. L. 98–622 struck out “, at which time the applicant shall have complied with the applicable requirements specified in subsection (c) of this section” after “of the treaty”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–622 struck out “, at which time the applicant shall have complied with the applicable requirements specified in subsection (c) of this section” after “of the treaty”.Enacted provision · exact public law
TITLE IV— MISCELLANEOUS PROVISIONS Sec. 401. international stage (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”. (b) Section 366 of title 35, United States Code, is amended— (1) in the first sentence— (A) by inserting “after the date of withdrawal,” after “effect”, and (B) by inserting before the period the following: “, unless a claim for the benefit of a prior filing date under section 365(c) of this part was made in a national application, or an international application designating the United States, filed before the date of such withdrawal”; and (2) in the second sentence by inserting “withdrawn” after “such”. Sec. 402. national stage (a) Section 371(a) of title 35, United States Code, is amended— (1) by striking out “is” and inserting in lieu thereof “may be”; and (2) by striking out “, except those filed in the Patent Office”. (b) Section 371(b) of title 35, United States Code, is amended to read as follows: “(b) Subject to subsection (f) of this section, the national stage shall commence with the expiration of the applicable time limit under article 22 (1) or (2) of the treaty.”. 28 UST 7645. (c) Section 371(c)(2) of title 35, United States Code, is amended— (1) by striking out “received from” and inserting in lieu thereof “communicated by”; and (2) by striking out “verified” before “translation”. (d) Section 371(d) of title 35, United States Code, is amended to read as follows: “(d) The requirements with respect to the national fee referred to in subsection (c)(1), the translation referred to in subsection (c)(2), and the oath or declaration referred to in subsection (c)(4) of this section shall be complied with by the date of the commencement of the national stage or by such later time as may be fixed by the Commissioner. The copy of the international application referred to in subsection (c)(2) shall be submitted by the date of the commencement of the national stage. Failure to comply with these requirements shall be regarded as abandonment of the application by the parties thereof, unless it be shown to the satisfaction of the Commissioner that such failure to comply was unavoidable. The payment of a surcharge may be required as a condition of accepting the national fee referred to in subsection (c)(1) or the oath or declaration referred to in subsection (c)(4) of this section if these requirements are not met by the date of the commencement of the national stage. The requirements of subsection (c)(3) of this section shall be complied with by the date of the commencement of the national stage, and failure to do so shall be regarded as a cancellation of the amendments to the claims in the international application made under article 19 of the treaty.”. (e) Section 372(b) of title 35, United States Code, is amended— (1) by striking out the period at the end of paragraph (2) and inserting in lieu thereof “; and”; and (2) by adding at the end thereof the following: “(3) the Commissioner may require a verification of the translation of the international application or any other document pertaining to the application if the application or other document was filed in a language other than English.”. (f) Section 372 of title 35, United States Code, is amended by striking out subsection (c). (g) Section 376(a) of title 35, United States Code, is amended by striking out paragraph (5) and redesignating paragraph (6) as paragraph (5). Sec. 403. technical amendments (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”. (b) The table of parts at the beginning of title 35, United States Code, is amended by adding at the end thereof the following: “IV. Patent Cooperation Treaty Sec. 404. patent fees (a) Notwithstanding section 41 of title 35, United States Code, as in effect before the enactment of Public Law 97–247 (96 Stat. 317), no fee shall be collected for maintaining a plant patent in force. (b) Notwithstanding section 41(c) of title 35, United States Code, as in effect before the enactment of Public Law 97–247 (96 Stat. 317), the Commissioner of Patents and Trademarks may accept, after the six-month grace period referred to in such section 41(c), the payment of any maintenance fee due on any patent based on an application filed in the Patent and Trademark Office on or after December 12, 1980, and before August 27, 1982, to the same extent as in the case of patents based on applications filed in the Patent and Trademark Office on or after August 27, 1982. Sec. 405. trademark trial and appeal board Section 3 of title 35, United States Code, is amended by adding at the end thereof the following: “(e) The members of the Trademark Trial and Appeal Board of the Patent and Trademark Office shall each be paid at a rate not to exceed the maximum rate of basic pay payable for GS–16 of the 5 USC 5332. General Schedule under section 5332 of title 5.”. Sec. 406. effective date (a) Section 404 of this Act and the amendments made by 35 USC 351 note. section 403 of this Act shall take effect on the date of the enactment of this Act. (b) The amendments made by sections 401, 402, and 405 of this Act 35 USC 3 note. shall take effect six months after the date of the enactment of this Act.Patent Law Amendments Act of 1984
Pub. L. 98–622 § 403(a) · 98 Stat. 3383
Substituted · 35 U.S.C. § 371(c)
Pub. L. 98–622, § 403(a), substituted “Patent and Trademark Office” for “Patent Office” in provisions preceding par. (1) and in par. (3)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–622, § 403(a), substituted “Patent and Trademark Office” for “Patent Office” in provisions preceding par. (1) and in par. (3).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”.Patent Law Amendments Act of 1984
Pub. L. 98–622 § 402(c)(1) · 98 Stat. 3383
Substituted · 35 U.S.C. § 371(c)(2)
Pub. L. 98–622, § 402(c)(1), (2), substituted “communicated by” for “received from”
Struck · 35 U.S.C. § 371(c)(2)
Pub. L. 98–622, § 402(c)(1), (2), struck out “verified” before “translation”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 98–622, § 402(c)(1), (2), substituted “communicated by” for “received from” and struck out “verified” before “translation”.Enacted provision · exact public law section
(1) by striking out “received from” and inserting in lieu thereof “communicated by”; andPatent Law Amendments Act of 1984
Pub. L. 98–622 § 402(d) · 98 Stat. 3383
Substituted · 35 U.S.C. § 371(d)
Pub. L. 98–622, § 402(d), substituted provisions setting forth time periods for compliance with the requirements of subsec. (c), payments of surcharges, and the effect of failure to comply for provisions related only to the effect of failure to comply with the requirements of subsec. (c)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 98–622, § 402(d), substituted provisions setting forth time periods for compliance with the requirements of subsec. (c), payments of surcharges, and the effect of failure to comply for provisions related only to the effect of failure to comply with the requirements of subsec. (c).Enacted provision · exact public law section
(d) Section 371(d) of title 35, United States Code, is amended to read as follows: “(d) The requirements with respect to the national fee referred to in subsection (c)(1), the translation referred to in subsection (c)(2), and the oath or declaration referred to in subsection (c)(4) of this section shall be complied with by the date of the commencement of the national stage or by such later time as may be fixed by the Commissioner. The copy of the international application referred to in subsection (c)(2) shall be submitted by the date of the commencement of the national stage. Failure to comply with these requirements shall be regarded as abandonment of the application by the parties thereof, unless it be shown to the satisfaction of the Commissioner that such failure to comply was unavoidable. The payment of a surcharge may be required as a condition of accepting the national fee referred to in subsection (c)(1) or the oath or declaration referred to in subsection (c)(4) of this section if these requirements are not met by the date of the commencement of the national stage. The requirements of subsection (c)(3) of this section shall be complied with by the date of the commencement of the national stage, and failure to do so shall be regarded as a cancellation of the amendments to the claims in the international application made under article 19 of the treaty.”.Act to authorize the United States to participate in chapter II of the Patent Cooperation Treaty
Pub. L. 99–616 § 7(a) · 100 Stat. 3485
Amended · 35 U.S.C. § 371(a)
Pub. L. 99–616, § 7(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Receipt from the International Bureau of copies of international applications with amendments to the claims, if any, and international search reports may be required in the case of all international applications designating the United States.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–616, § 7(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Receipt from the International Bureau of copies of international applications with amendments to the claims, if any, and international search reports may be required in the case of all international applications designating the United States.”Enacted provision · exact public law section
(a) Section 371(a) of title 35, United States Code, is amended to read as follows: “(a) Receipt from the International Bureau of copies of international applications with any amendments to the claims, international search reports, and international preliminary examination reports including any annexes thereto may be required in the case of international applications designating or electing the United States.”Act to authorize the United States to participate in chapter II of the Patent Cooperation Treaty
Pub. L. 99–616 § 7(b) · 100 Stat. 3485
Amended · 35 U.S.C. § 371(b)
Pub. L. 99–616, § 7(b), amended subsec. (b) generally
Substituted · 35 U.S.C. § 371(b)
Pub. L. 99–616, § 7(b), substituting “, or under article 39(1)(a) of the treaty” for “of the treaty.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–616, § 7(b), amended subsec. (b) generally, substituting “, or under article 39(1)(a) of the treaty” for “of the treaty.”Enacted provision · exact public law section
(b) Section 371(b) of title 35, United States Code, is amended to read as follows: “(b) Subject to subsection (f) of this section, the national stage shall commence with the expiration of the applicable time limit under article 22 (1) or (2), or under article 39(1)(a) of the treaty ”.Act to authorize the United States to participate in chapter II of the Patent Cooperation Treaty
Pub. L. 99–616 § 7(c) · 100 Stat. 3485
Substituted · 35 U.S.C. § 371(c)(4); 35 U.S.C. § 371(c)(5)
Pub. L. 99–616, § 7(c), (d), substituted a semicolon for a period at end of par. (4)
Added · 35 U.S.C. § 371(c)(4); 35 U.S.C. § 371(c)(5)
Pub. L. 99–616, § 7(c), (d), added par. (5)
Source evidence
Code amendment note
Subsec. (c)(4), (5). Pub. L. 99–616, § 7(c), (d), substituted a semicolon for a period at end of par. (4) and added par. (5).Enacted provision · exact public law section
(c) Section 371(c)(4) of title 35, United States Code, is amended by striking the “.” and inserting in lieu thereof “,”.Act to authorize the United States to participate in chapter II of the Patent Cooperation Treaty
Pub. L. 99–616 § 7(e) · 100 Stat. 3485
Inserted · 35 U.S.C. § 371(d)
Pub. L. 99–616, § 7(e), inserted “The requirement of subsection (c)(5) shall be complied with at such time as may be fixed by the Commissioner and failure to do so shall be regarded as cancellation of the amendments made under article 34(2)(b) of the treaty” at end
Source evidence
Code amendment note
Subsec. (d). Pub. L. 99–616, § 7(e), inserted “The requirement of subsection (c)(5) shall be complied with at such time as may be fixed by the Commissioner and failure to do so shall be regarded as cancellation of the amendments made under article 34(2)(b) of the treaty” at end.Enacted provision · exact public law section
(e) Section 371(d) of title 35, United States Code, is amended by adding at the end thereof the following sentence: “The requirement of subsection (c)(5) shall be complied with at such time as may be fixed by the Commissioner and failure to do so shall be regarded as cancellation of the amendments made under article 34(2)(b) of the treaty ”Act to authorize the United States to participate in chapter II of the Patent Cooperation Treaty
Pub. L. 99–616 § 7(f) · 100 Stat. 3485
Inserted · 35 U.S.C. § 371(e)
Pub. L. 99–616, § 7(f), inserted “or article 41” after “article 28”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 99–616, § 7(f), inserted “or article 41” after “article 28”.Enacted provision · exact public law section
(f) Section 371(e) of title 35, United States Code, is amended by inserting “or article 41” after “28”Patent and Trademark Office Authorization Act of 1991
Pub. L. 102–204 § 5(g)(2) · 105 Stat. 1636
Substituted · 35 U.S.C. § 371(c)(1)
Pub. L. 102–204 substituted “provided in section 41(a) of this title” for “prescribed under section 376(a)(4) of this part”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 102–204 substituted “provided in section 41(a) of this title” for “prescribed under section 376(a)(4) of this part”.Enacted provision · exact public law section
(2) Section 371(c)(1) of title 35, United States Code, is amended by striking “prescribed under section 376(a)(4) of this part” and inserting “provided in section 41(a) of this title”.District of Columbia Appropriations Act, 2000
Pub. L. 106–113 div. B § 1000(a)(9)(tIV)(s4732)(a)(10)(A) · 113 Stat. 1501
Amended · 35 U.S.C. § 371(d)
Pub. L. 106–113, as amended by Pub. L. 107–273, § 13206(b)(1)(B)
Substituted · 35 U.S.C. § 371(d)
Pub. L. 106–113, as substituted “Director” for “Commissioner” wherever appearing
Source evidence
Code amendment note
Subsec. (d). Pub. L. 106–113, as amended by Pub. L. 107–273, § 13206(b)(1)(B), substituted “Director” for “Commissioner” wherever appearing.Intellectual Property and High Technology Technical Amendments Act of 2002
Pub. L. 107–273 § 13206(b)(1)(B) · 116 Stat. 1758
Changed · 35 U.S.C. § 371(d)
Pub. L. 107–273, § 13206(b)(1)(B), 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, § 13206(b)(1)(B), 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),”.Intellectual Property and High Technology Technical Amendments Act of 2002
Pub. L. 107–273 § 13206(a)(20) · 116 Stat. 1758
Inserted · 35 U.S.C. § 371(d)
Pub. L. 107–273, § 13206(a)(20), inserted period at end
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 107–273, § 13206(a)(20), inserted period at end.Enacted provision · exact public law section
(20) Section 371(d) is amended by adding at the end a period.Pub. L. 112–29 § 20(i)(5) · 125 Stat. 335
Substituted · 35 U.S.C. § 371(b)
Pub. L. 112–29, § 20(i)(5), substituted “of the treaty.” for “of the treaty”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 112–29, § 20(i)(5), substituted “of the treaty.” for “of the treaty”.Enacted provision · exact public law section
(5) Section 371(b) of title 35, United States Code, is amended by striking “of the treaty” and inserting “of the treaty.”.Pub. L. 112–29 § 20(j) · 125 Stat. 335
Struck · 35 U.S.C. § 371(c)(1)
Pub. L. 112–29, § 20(j), struck out “of this title” after “41(a)”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 112–29, § 20(j), struck out “of this title” after “41(a)”.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).Pub. L. 112–29 § 20(j) · 125 Stat. 335
Struck · 35 U.S.C. § 371(c)(4)
Pub. L. 112–29, § 20(j), struck out “of this title” after “11” and after “115”
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 112–29, § 20(j), struck out “of this title” after “11” and after “115”.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).Patent Law Treaties Implementation Act of 2012
Pub. L. 112–211 title II § 202(b)(9) · 126 Stat. 1527
Struck · 35 U.S.C. § 371(d)
Pub. L. 112–211 struck out “, unless it be shown to the satisfaction of the Director that such failure to comply was unavoidable” after “by the parties thereof”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 112–211 struck out “, unless it be shown to the satisfaction of the Director that such failure to comply was unavoidable” after “by the parties thereof”.Enacted provision · exact public law section
(9) in section 371(d), in the third sentence, by striking “, unless it be shown to the satisfaction of the Director that such failure to comply was unavoidable”.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.
22 of 25 references resolved to an enrolled provision · 3 partial
Editorial Notes
Amendments1984–2012 · 7 rounds
2012
Subsec. (d). Pub. L. 112–211 struck out “, unless it be shown to the satisfaction of the Director that such failure to comply was unavoidable” after “by the parties thereof”.
2011
Subsec. (b). Pub. L. 112–29, § 20(i)(5), substituted “of the treaty.” for “of the treaty”.
Subsec. (c)(1). Pub. L. 112–29, § 20(j), struck out “of this title” after “41(a)”.
Subsec. (c)(4). Pub. L. 112–29, § 20(j), struck out “of this title” after “11” and after “115”.
2002
Subsec. (d). Pub. L. 107–273, § 13206(b)(1)(B), made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.
Pub. L. 107–273, § 13206(a)(20), inserted period at end.
1999
Subsec. (d). Pub. L. 106–113, as amended by Pub. L. 107–273, § 13206(b)(1)(B), substituted “Director” for “Commissioner” wherever appearing.
1991
Subsec. (c)(1). Pub. L. 102–204 substituted “provided in section 41(a) of this title” for “prescribed under section 376(a)(4) of this part”.
1986
Subsec. (a). Pub. L. 99–616, § 7(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Receipt from the International Bureau of copies of international applications with amendments to the claims, if any, and international search reports may be required in the case of all international applications designating the United States.”
Subsec. (b). Pub. L. 99–616, § 7(b), amended subsec. (b) generally, substituting “, or under article 39(1)(a) of the treaty” for “of the treaty.”
Subsec. (c)(4), (5). Pub. L. 99–616, § 7(c), (d), substituted a semicolon for a period at end of par. (4) and added par. (5).
Subsec. (d). Pub. L. 99–616, § 7(e), inserted “The requirement of subsection (c)(5) shall be complied with at such time as may be fixed by the Commissioner and failure to do so shall be regarded as cancellation of the amendments made under article 34(2)(b) of the treaty” at end.
Subsec. (e). Pub. L. 99–616, § 7(f), inserted “or article 41” after “article 28”.
1984
Subsec. (a). Pub. L. 98–622, § 402(a), substituted “may be” for “is” and struck out “, except those filed in the Patent Office” after “United States”, which amendment was executed by striking out “, except those filed in the Patent and Trademark Office” as the probable intent of Congress in view of the amendment by section 403(a) of Pub. L. 98–622. See Effective Date of 1984 Amendment note below.
Pub. L. 98–622, § 403(a), substituted “Patent and Trademark Office” for “Patent Office”.
Subsec. (b). Pub. L. 98–622 struck out “, at which time the applicant shall have complied with the applicable requirements specified in subsection (c) of this section” after “of the treaty”.
Subsec. (c). Pub. L. 98–622, § 403(a), substituted “Patent and Trademark Office” for “Patent Office” in provisions preceding par. (1) and in par. (3).
Subsec. (c)(2). Pub. L. 98–622, § 402(c)(1), (2), substituted “communicated by” for “received from” and struck out “verified” before “translation”.
Subsec. (d). Pub. L. 98–622, § 402(d), substituted provisions setting forth time periods for compliance with the requirements of subsec. (c), payments of surcharges, and the effect of failure to comply for provisions related only to the effect of failure to comply with the requirements of subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–211 effective on the date that is 1 year after , 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.
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 1999 Amendment
Amendment by Pub. L. 106–113 effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 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 section 402(a)–(d) of Pub. L. 98–622 effective six months after , see section 406(b) of Pub. L. 98–622, set out as a note under section 3 of this title.
Amendment by section 403(a) of 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
1975–2012 · 8 acts
- 1975Added Pub. L. 94–131, § 1, , 89 Stat. 688
- 1984amended Pub. L. 98–622, title IV, §§ 402(a)–(d), 403(a), , 98 Stat. 3391, 3392
- 1986Pub. L. 99–616, § 7, , 100 Stat. 3486
- 1991Pub. L. 102–204, § 5(g)(2), , 105 Stat. 1641
- 1999Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], , 113 Stat. 1536, 1501A–582
- 2002Pub. L. 107–273, div. C, title III, § 13206(a)(20), (b)(1)(B), , 116 Stat. 1905, 1906
- 2011Pub. L. 112–29, § 20(i)(5), (j), , 125 Stat. 335
- 2012Pub. L. 112–211, title II, § 202(b)(9), , 126 Stat. 1536.
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(Added Pub. L. 94–131, § 1, , 89 Stat. 688; amended Pub. L. 98–622, title IV, §§ 402(a)–(d), 403(a), , 98 Stat. 3391, 3392; Pub. L. 99–616, § 7, , 100 Stat. 3486; Pub. L. 102–204, § 5(g)(2), , 105 Stat. 1641; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], , 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(a)(20), (b)(1)(B), , 116 Stat. 1905, 1906; Pub. L. 112–29, § 20(i)(5), (j), , 125 Stat. 335; Pub. L. 112–211, title II, § 202(b)(9), , 126 Stat. 1536.)