-CITE-
    35 USC CHAPTER 37 - NATIONAL STAGE                          01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    CHAPTER 37 - NATIONAL STAGE

-HEAD-
                        CHAPTER 37 - NATIONAL STAGE                    

-MISC1-
    Sec.                                                     
    371.        National stage: Commencement.                         
    372.        National stage: Requirements and procedure.           
    373.        Improper applicant.                                   
    374.        Publication of international application.             
    375.        Patent issued on international application: Effect.   
    376.        Fees.                                                 

                                AMENDMENTS                            
      1999 - Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.
    4507(12)], as added by Pub. L. 107-273, div. C, title III, Sec.
    13205(2)(F), Nov. 2, 2002, 116 Stat. 1903, substituted "Publication
    of international application" for "Publication of international
    application: Effect" in item 374.

-End-



-CITE-
    35 USC Sec. 371                                             01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    CHAPTER 37 - NATIONAL STAGE

-HEAD-
    Sec. 371. National stage: Commencement

-STATUTE-
      (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.
      (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
    (!1)

      (c) The applicant shall file in the Patent and Trademark Office -
    
        (1) the national fee provided in section 41(a) of this title;
        (2) 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;
        (3) 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;
        (4) an oath or declaration of the inventor (or other person
      authorized under chapter 11 of this title) complying with the
      requirements of section 115 of this title and with regulations
      prescribed for oaths or declarations of applicants;
        (5) a translation into the English language of any annexes to
      the international preliminary examination report, if such annexes
      were made in another language.

      (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 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, unless it be shown to the
    satisfaction of the Director 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. 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.
      (e) 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.
      (f) 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.

-SOURCE-
    (Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 688; amended
    Pub. L. 98-622, title IV, Secs. 402(a)-(d), 403(a), Nov. 8, 1984,
    98 Stat. 3391, 3392; Pub. L. 99-616, Sec. 7, Nov. 6, 1986, 100
    Stat. 3486; Pub. L. 102-204, Sec. 5(g)(2), Dec. 10, 1991, 105 Stat.
    1641; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.
    4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L.
    107-273, div. C, title III, Sec. 13206(a)(20), (b)(1)(B), Nov. 2,
    2002, 116 Stat. 1905, 1906.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (d). Pub. L. 107-273, Sec. 13206(b)(1)(B), made
    technical correction to directory language of Pub. L. 106-113. See
    1999 Amendment note below.
      Pub. L. 107-273, Sec. 13206(a)(20), inserted period at end.
      1999 - Subsec. (d). Pub. L. 106-113, as amended by Pub. L. 107-
    273, Sec. 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, Sec. 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, Sec. 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, Sec. 7(c), (d), substituted
    a semicolon for a period at end of par. (4) and added par. (5).
      Subsec. (d). Pub. L. 99-616, Sec. 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, Sec. 7(f), inserted "or article 41"
    after "article 28".
      1984 - Subsec. (a). Pub. L. 98-622, Sec. 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, Sec. 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, Sec. 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, Sec. 402(c)(1), (2), substituted
    "communicated by" for "received from" and struck out "verified"
    before "translation".
      Subsec. (d). Pub. L. 98-622, Sec. 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).

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
    1999, see section 1000(a)(9) [title IV, Sec. 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 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 AMENDMENT                 
      Amendment by section 402(a)-(d) of Pub. L. 98-622 effective six
    months after Nov. 8, 1984, 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 Nov. 8,
    1984, see section 406(a) of Pub. L. 98-622, set out as a note under
    section 351 of this title.

                              EFFECTIVE DATE                          
      Chapter effective Jan. 24, 1978, 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.

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by a period.


-End-



-CITE-
    35 USC Sec. 372                                             01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    CHAPTER 37 - NATIONAL STAGE

-HEAD-
    Sec. 372. National stage: Requirements and procedure

-STATUTE-
      (a) 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.
      (b) In case of international applications designating but not
    originating in, the United States - 
        (1) 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;
        (2) the Director may cause the question of unity of invention
      to be reexamined under section 121 of this title, within the
      scope of the requirements of the treaty and the Regulations; and
        (3) 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.

-SOURCE-
    (Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 689; amended
    Pub. L. 98-622, title IV, Secs. 402(e), (f), 403(a), Nov. 8, 1984,
    98 Stat. 3392; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
    Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582;
    Pub. L. 107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2,
    2002, 116 Stat. 1906.)


-MISC1-
                                AMENDMENTS                            
      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, Sec. 403(a), substituted
    "Patent and Trademark Office" for "Patent Office".
      Subsec. (b)(3). Pub. L. 98-622, Sec. 402(e), added par. (3).
      Subsec. (c). Pub. L. 98-622, Sec. 402(f), struck out subsec. (c)
    which related to cancellation of claims and payment of special
    fees.

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
    1999, see section 1000(a)(9) [title IV, Sec. 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 Nov. 8, 1984, 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 Nov. 8,
    1984, see section 406(a) of Pub. L. 98-622, set out as a note under
    section 351 of this title.

-End-



-CITE-
    35 USC Sec. 373                                             01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    CHAPTER 37 - NATIONAL STAGE

-HEAD-
    Sec. 373. Improper applicant

-STATUTE-
      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.

-SOURCE-
    (Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 689; amended
    Pub. L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98 Stat. 3392;
    Pub. L. 103-465, title V, Sec. 532(c)(5), Dec. 8, 1994, 108 Stat.
    4987.)


-MISC1-
                                AMENDMENTS                            
      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 1994 AMENDMENT                 
      Amendment 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 AMENDMENT                 
      Amendment 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.

-End-



-CITE-
    35 USC Sec. 374                                             01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    CHAPTER 37 - NATIONAL STAGE

-HEAD-
    Sec. 374. Publication of international application

-STATUTE-
      The publication under the treaty defined in section 351(a) of
    this title, of an international application designating the United
    States shall be deemed a publication under section 122(b), except
    as provided in sections 102(e) and 154(d) of this title.

-SOURCE-
    (Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 689; amended
    Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4507(10)],
    Nov. 29, 1999, 113 Stat. 1536, 1501A-566; Pub. L. 107-273, div. C,
    title III, Sec. 13205(2)(E), Nov. 2, 2002, 116 Stat. 1903.)


-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-273 amended Pub. L. 106-113, Sec. 1000(a)(9)
    [title IV, Sec. 4507(10)], see 1999 Amendment note below. Prior to
    being amended by Pub. L. 107-273, Pub. L. 106-113, Sec. 1000(a)(9)
    [title IV, Sec. 4507(10)], had amended this section to read as
    follows: "The publication under the treaty defined in section
    351(a) of this title, of an international application designating
    the United States shall confer the same rights and shall have the
    same effect under this title as an application for patent published
    under section 122(b), except as provided in sections 102(e) and
    154(d) of this title."
      1999 - Pub. L. 106-113, as amended by Pub. L. 107-273, amended
    section catchline and text generally. Prior to amendment, text read
    as follows: "The publication under the treaty of an international
    application shall confer no rights and shall have no effect under
    this title other than that of a printed publication."

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-113 effective Nov. 29, 2000, and
    applicable only to applications (including international
    applications designating the United States) filed on or after that
    date, see section 1000(a)(9) [title IV, Sec. 4508] of Pub. L. 106-
    113, as amended, set out as a note under section 10 of this title.

-End-



-CITE-
    35 USC Sec. 375                                             01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    CHAPTER 37 - NATIONAL STAGE

-HEAD-
    Sec. 375. Patent issued on international application: Effect

-STATUTE-
      (a) A patent may be issued by the Director based on an
    international application designating the United States, in
    accordance with the provisions of this title. Subject to section
    102(e) of this title, such patent shall have the force and effect
    of a patent issued on a national application filed under the
    provisions of chapter 11 of this title.
      (b) Where due to an incorrect translation the scope of a patent
    granted on an international application designating the United
    States, which was not originally filed in the English language,
    exceeds the scope of the international application in its original
    language, a court of competent jurisdiction may retroactively limit
    the scope of the patent, by declaring it unenforceable to the
    extent that it exceeds the scope of the international application
    in its original language.

-SOURCE-
    (Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 689; amended
    Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.
    4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L.
    107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116
    Stat. 1906.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-273 made technical correction to
    directory language of Pub. L. 106-113. See 1999 Amendment note
    below.
      1999 - Subsec. (a). Pub. L. 106-113, as amended by Pub. L. 107-
    273, substituted "Director" for "Commissioner".

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
    1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-
    113, set out as a note under section 1 of this title.

-End-



-CITE-
    35 USC Sec. 376                                             01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    CHAPTER 37 - NATIONAL STAGE

-HEAD-
    Sec. 376. Fees

-STATUTE-
      (a) The required payment of the international fee and the
    handling fee, which amounts are specified in the Regulations, shall
    be paid in United States currency. The Patent and Trademark Office
    shall charge a national fee as provided in section 41(a), and may
    also charge the following fees:
        (1) A transmittal fee (see section 361(d)).
        (2) A search fee (see section 361(d)).
        (3) A supplemental search fee (to be paid when required).
        (4) A preliminary examination fee and any additional fees (see
      section 362(b)).
        (5) Such other fees as established by the Director.

      (b) The amounts of fees specified in subsection (a) of this
    section, except the international fee and the handling fee, shall
    be prescribed by the Director. He may refund any sum paid by
    mistake or in excess of the fees so specified, or if required under
    the treaty and the Regulations. The Director may also refund any
    part of the search fee, the national fee, the preliminary
    examination fee, and any additional fees, where he determines such
    refund to be warranted.

-SOURCE-
    (Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 690; amended
    Pub. L. 98-622, title IV, Secs. 402(g), 403(a), Nov. 8, 1984, 98
    Stat. 3392; Pub. L. 99-616, Sec. 8, Nov. 6, 1986, 100 Stat. 3486;
    Pub. L. 102-204, Sec. 5(g)(1), Dec. 10, 1991, 105 Stat. 1640; Pub.
    L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.
    4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L.
    107-273, div. C, title III, Sec. 13206(a)(21), (b)(1)(B), Nov. 2,
    2002, 116 Stat. 1905, 1906.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(1) to (3). Pub. L. 107-273, Sec. 13206(a)(21),
    substituted period for semicolon at end.
      Subsecs. (a)(5), (b). Pub. L. 107-273, Sec. 13206(b)(1)(B), made
    technical correction to directory language of Pub. L. 106-113. See
    1999 Amendment note below.
      1999 - Subsecs. (a)(5), (b). Pub. L. 106-113, as amended by Pub.
    L. 107-273, Sec. 13206(b)(1)(B), substituted "Director" for
    "Commissioner" wherever appearing.
      1991 - Subsec. (a). Pub. L. 102-204, Sec. 5(g)(1)(A), in
    introductory provisions inserted "shall charge a national fee as
    provided in section 41(a), and" after "Office", redesignated pars.
    (5) and (6) as (4) and (5), respectively, and struck out former
    par. (4), which read as follows: "A national fee (see section
    371(c));".
      Subsec. (b). Pub. L. 102-204, Sec. 5(g)(1)(B), substituted "the
    national fee, the preliminary examination fee," for "the
    preliminary examination fee".
      1986 - Subsec. (a). Pub. L. 99-616, Sec. 8(a), in introductory
    provisions, inserted "and the handling fee" and substituted
    "amounts are" for "amount is", added par. (5), and redesignated
    former par. (5) as (6).
      Subsec. (b). Pub. L. 99-616, Sec. 8(b), inserted "and the
    handling fee" and "the preliminary examination fee and any
    additional fees,".
      1984 - Subsec. (a). Pub. L. 98-622, Sec. 403(a), substituted
    "Patent and Trademark Office" for "Patent Office" in provision
    preceding par. (1).
      Subsec. (a)(5), (6). Pub. L. 98-622, Sec. 402(g), redesignated
    par. (6) as (5). Former par. (5), which read "A special fee (to be
    paid when required; see section 372(c))", was struck out.

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
    1999, see section 1000(a)(9) [title IV, Sec. 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 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 AMENDMENT                 
      Amendment by section 402(g) of Pub. L. 98-622 effective six
    months after Nov. 8, 1984, 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 Nov. 8,
    1984, see section 406(a) of Pub. L. 98-622, set out as a note under
    section 351 of this title.

-End-


-CITE-
    35 USC [CHAPTER 38 - TRANSFERRED]                           01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    [CHAPTER 38 - TRANSFERRED]

-HEAD-
                        [CHAPTER 38 - TRANSFERRED]                    

-COD-
                               CODIFICATION                           
      Chapter 38, as added by Pub. L. 96-517, Sec. 6(a), Dec. 12, 1980,
    94 Stat. 3018, was originally editorially inserted after chapter 17
    of this title because the probable intent of Congress was to
    designate the chapter as "18", in view of the numerical designation
    of the sections contained in the chapter as sections 200 to 211 and
    in view of the subject matter of the chapter in relation to the
    subject matter of Part II of this title. Pub. L. 97-256, title I,
    Sec. 101(5), Sept. 8, 1982, 96 Stat. 816, redesignated chapter 38
    as chapter 18 and transferred chapter 18, as so redesignated, from
    the end of this part to the end of Part II. See 1982 Amendment note
    set out under the analysis of chapter 18 (Sec. 200 et seq.) of this
    title.

-End-