2000 U.S. Code
Title 35 - PATENTS
PART I - UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
Sec. 11 - Exchange of copies of patents and applications with foreign countries

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§11. Exchange of copies of patents and applications with foreign countries

The Director may exchange copies of specifications and drawings of United States patents and published applications for patents for those of foreign countries. The Director shall not enter into an agreement to provide such copies of specifications and drawings of United States patents and applications to a foreign country, other than a NAFTA country or a WTO member country, without the express authorization of the Secretary of Commerce. For purposes of this section, the terms “NAFTA country” and “WTO member country” have the meanings given those terms in section 104(b).

(July 19, 1952, ch. 950, 66 Stat. 794, §12; renumbered §11 and amended Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §§4507(2), 4717(1), 4732(a)(10)(A), 4808], Nov. 29, 1999, 113 Stat. 1536, 1501A–565, 1501A–580, 1501A–582, 1501A–591.)

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., §§15, and 78, part (Jan. 14, 1915, 38 Stat. 1221; Feb. 18, 1922, ch. 58, §9, proviso in, 42 Stat. 393).

The first act mentioned applies to Canada only, the second to any country; these are consolidated in one section, specific reference to one country not being necessary.

Language is changed.

Prior Provisions

A prior section 11 was renumbered section 10 of this title.

Amendments

1999—Pub. L. 106–113, §1000(a)(9) [title IV, §§4717(1), 4732(a)(10)(A)], renumbered section 12 of this title as this section and substituted “Director” for “Commissioner”.

Pub. L. 106–113, §1000(a)(9) [title IV, §4808], inserted at end “The Director shall not enter into an agreement to provide such copies of specifications and drawings of United States patents and applications to a foreign country, other than a NAFTA country or a WTO member country, without the express authorization of the Secretary of Commerce. For purposes of this section, the terms ‘NAFTA country’ and ‘WTO member country’ have the meanings given those terms in section 104(b).”

Pub. L. 106–113, §1000(a)(9) [title IV, §4507(2)], which directed the amendment of section 12 of this title by inserting “and applications” after “patents” in section catchline and “and published applications for patents” after “patents” in text, was executed by making the insertions in this section to reflect the probable intent of Congress and the renumbering of section 12 as this section by Pub. L. 106–113, §1000(a)(9) [title IV, §4717(1)]. See note above and Effective Date of 1999 Amendment notes below.

Effective Date of 1999 Amendment

Amendment by section 1000(a)(9) [title IV, §4507(2)] of Pub. L. 106–113 effective on date that is 1 year after Nov. 29, 1999, and applicable to all applications filed under section 111 of this title on or after that date, and all applications complying with section 371 of this title that resulted from international applications filed on or after that date, see section 1000(a)(9) [title IV, §4508] of Pub. L. 106–113, set out as a note under section 10 of this title.

Amendment by section 1000(a)(9) [title IV, §§4717(1), 4732(a)(10)(A)] of 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.