2011 US Code
Title 35 - Patents
Part IV - PATENT COOPERATION TREATY (§§ 351 - 376)
Chapter 37 - NATIONAL STAGE (§§ 371 - 376)
Section 373 - Improper applicant
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 5, 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 37 - NATIONAL STAGE Sec. 373 - Improper applicant |
| Contains | section 373 |
| Date | 2011 |
| Laws in Effect as of Date | January 3, 2012 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Added Pub. L. 94-131, §1, Nov. 14, 1975, 89 Stat. 689; amended Pub. L. 98-622, title IV, §403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 103-465, title V, §532(c)(5), Dec. 8, 1994, 108 Stat. 4987; Pub. L. 112-29, §20(j), Sept. 16, 2011, 125 Stat. 335. |
| Statutes at Large References | 89 Stat. 689 98 Stat. 3392 108 Stat. 4987 125 Stat. 335 |
| Public Law References | Public Law 94-131, Public Law 98-622, Public Law 103-465, Public Law 112-29 |
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An international application designating the United States, shall not be accepted by the Patent and Trademark Office for the national stage if it was filed by anyone not qualified under chapter 11 of this title to be an applicant for the purpose of filing a national application in the United States. Such international applications shall not serve as the basis for the benefit of an earlier filing date under section 120 of this title in a subsequently filed application, but may serve as the basis for a claim of the right of priority under subsections (a) through (d) of section 119 of this title, if the United States was not the sole country designated in such international application.
(Added Pub. L. 94–131, §1, Nov. 14, 1975, 89 Stat. 689; amended Pub. L. 98–622, title IV, §403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 103–465, title V, §532(c)(5), Dec. 8, 1994, 108 Stat. 4987; Pub. L. 112–29, §20(j), Sept. 16, 2011, 125 Stat. 335.)
Amendment of SectionPub. L. 112–29, §20(j), (l), Sept. 16, 2011, 125 Stat. 335, provided that, 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, this section is amended by striking “of this title” each place that term appears. See 2011 Amendment note below.
Amendments2011—Pub. L. 112–29 struck out “of this title” after “11”, after “120”, and after “119”.
1994—Pub. L. 103–465 substituted “subsections (a) through (d) of section 119” for “section 119”.
1984—Pub. L. 98–622 substituted “Patent and Trademark Office” for “Patent Office”.
Effective Date of 2011 AmendmentAmendment 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.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–465 effective 6 months after Dec. 8, 1994, and applicable to all patent applications filed in the United States on or after that effective date, with provisions relating to earliest filed patent application, see section 534(b)(1), (3) of Pub. L. 103–465, set out as a note under section 154 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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