Title 35 — Patents
Part IV · Chapter 37 — National Stage
§ 372. National stage: Requirements and procedure
Statutory text
All questions of substance and, within the scope of the requirements of the treaty and Regulations, procedure in an international application designating the United States shall be determined as in the case of national applications regularly filed in the Patent and Trademark Office.
In case of international applications designating but not originating in, the United States—
the Director may cause to be reexamined questions relating to form and contents of the application in accordance with the requirements of the treaty and the Regulations;
the Director may cause the question of unity of invention to be reexamined under section 121, within the scope of the requirements of the treaty and the Regulations; and
the Director 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.
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. § 372
Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 689
Source evidence
Code source credit
Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 689Enacted 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 § 403(a) · 98 Stat. 3383
Substituted · 35 U.S.C. § 372(a)
Pub. L. 98–622, § 403(a), substituted “Patent and Trademark Office” for “Patent Office”
Source evidence
Code amendment note
Subsec. (a). 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 § 402(e) · 98 Stat. 3383
Added · 35 U.S.C. § 372(b)(3)
Pub. L. 98–622, § 402(e), added par. (3)
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 98–622, § 402(e), added par. (3).Enacted provision · exact public law section
(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.”.Patent Law Amendments Act of 1984
Pub. L. 98–622 § 402(f) · 98 Stat. 3383
Struck · 35 U.S.C. § 372(c)
Pub. L. 98–622, § 402(f), struck out subsec. (c) which related to cancellation of claims and payment of special fees
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–622, § 402(f), struck out subsec. (c) which related to cancellation of claims and payment of special fees.Enacted provision · exact public law section
(f) Section 372 of title 35, United States Code, is amended by striking out subsection (c).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. § 372(b)
Pub. L. 106–113, as amended by Pub. L. 107–273
Substituted · 35 U.S.C. § 372(b)
Pub. L. 106–113, as substituted “Director” for “Commissioner” wherever appearing
Source evidence
Code amendment note
Subsec. (b). Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner” wherever appearing.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. § 372(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),”.Pub. L. 112–29 § 20(j) · 125 Stat. 335
Struck · 35 U.S.C. § 372(b)(2)
Pub. L. 112–29 struck out “of this title” after “121”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 112–29 struck out “of this title” after “121”.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.
6 of 8 references resolved to an enrolled provision · 2 partial
Editorial Notes
Amendments1984–2011 · 4 rounds
2011
Subsec. (b)(2). Pub. L. 112–29 struck out “of this title” after “121”.
2002
Subsec. (b). Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.
1999
Subsec. (b). Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner” wherever appearing.
1984
Subsec. (a). Pub. L. 98–622, § 403(a), substituted “Patent and Trademark Office” for “Patent Office”.
Subsec. (b)(3). Pub. L. 98–622, § 402(e), added par. (3).
Subsec. (c). Pub. L. 98–622, § 402(f), struck out subsec. (c) which related to cancellation of claims and payment of special fees.
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 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 1984 Amendment
Amendment by section 402(e), (f) 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
1975–2011 · 5 acts
- 1975Added Pub. L. 94–131, § 1, , 89 Stat. 689
- 1984amended Pub. L. 98–622, title IV, §§ 402(e), (f), 403(a), , 98 Stat. 3392
- 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(b)(1)(B), , 116 Stat. 1906
- 2011Pub. L. 112–29, § 20(j), , 125 Stat. 335.
Show as published
(Added Pub. L. 94–131, § 1, , 89 Stat. 689; amended Pub. L. 98–622, title IV, §§ 402(e), (f), 403(a), , 98 Stat. 3392; 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(b)(1)(B), , 116 Stat. 1906; Pub. L. 112–29, § 20(j), , 125 Stat. 335.)