2012 US Code
Title 35 - Patents
Part IV - PATENT COOPERATION TREATY (§§ 351 - 376)
Chapter 36 - INTERNATIONAL STAGE (§§ 361 - 368)
Section 364 - International stage: Procedure
Publication Title | United States Code, 2012 Edition, Title 35 - PATENTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 35 - PATENTS PART IV - PATENT COOPERATION TREATY CHAPTER 36 - INTERNATIONAL STAGE Sec. 364 - International stage: Procedure |
Contains | section 364 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 94-131, §1, Nov. 14, 1975, 89 Stat. 686; amended Pub. L. 98-622, title IV, §403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99-616, §5, Nov. 6, 1986, 100 Stat. 3485; Pub. L. 106-113, div. B, <!-- PDFPage:133 -->§1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L. 107-273, div. C, title III, §13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112-211, title II, §202(b)(8), Dec. 18, 2012, 126 Stat. 1536. |
Statutes at Large References | 89 Stat. 686 98 Stat. 3392 100 Stat. 3485 113 Stat. 1536 116 Stat. 1906 126 Stat. 1536 |
Public Law References | Public Law 94-131, Public Law 98-622, Public Law 99-616, Public Law 106-113, Public Law 107-273, Public Law 112-211 |
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(a) International applications shall be processed by the Patent and Trademark Office when acting as a Receiving Office, International Searching Authority, or International Preliminary Examining Authority, in accordance with the applicable provisions of the treaty, the Regulations, and this title.
(b) An applicant's failure to act within prescribed time limits in connection with requirements pertaining to a pending international application may be excused upon a showing satisfactory to the Director of unavoidable delay, to the extent not precluded by the treaty and the Regulations, and provided the conditions imposed by the treaty and the Regulations regarding the excuse of such failure to act are complied with.
(Added Pub. L. 94–131, §1, Nov. 14, 1975, 89 Stat. 686; amended Pub. L. 98–622, title IV, §403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, §5, Nov. 6, 1986, 100 Stat. 3485; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, §13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–211, title II, §202(b)(8), Dec. 18, 2012, 126 Stat. 1536.)
Amendment of SectionPub. L. 112–211, title II, §§202(b)(8), 203, Dec. 18, 2012, 126 Stat. 1536, provided that, 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, this section is amended by striking subsection (b) and inserting the following:
(b) An applicant's failure to act within prescribed time limits in connection with requirements pertaining to an international application may be excused as provided in the treaty and the Regulations.
See 2012 Amendment note below.
Amendments2012—Subsec. (b). Pub. L. 112–211 added subsec. (b) and struck out former subsec. (b) which read as follows: “An applicant's failure to act within prescribed time limits in connection with requirements pertaining to a pending international application may be excused upon a showing satisfactory to the Director of unavoidable delay, to the extent not precluded by the treaty and the Regulations, and provided the conditions imposed by the treaty and the Regulations regarding the excuse of such failure to act are complied with.”
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”.
1986—Subsec. (a). Pub. L. 99–616 substituted a comma for “or” before “International Searching Authority” and “International Preliminary Examining Authority” for “both”.
1984—Subsec. (a). Pub. L. 98–622 substituted “Patent and Trademark Office” for “Patent Office”.
Effective Date of 2012 AmendmentAmendment 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.
Effective Date of 1999 AmendmentAmendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, 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 AmendmentAmendment by Pub. L. 99–616 effective July 1, 1987, 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 AmendmentAmendment by Pub. L. 98–622 effective Nov. 8, 1984, see section 406(a) of Pub. L. 98–622, set out as a note under section 351 of this title.
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