-CITE-
    35 USC CHAPTER 36 - INTERNATIONAL STAGE                     01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-
                     CHAPTER 36 - INTERNATIONAL STAGE                 

-MISC1-
    Sec.                                                     
    361.        Receiving Office.                                     
    362.        International Searching Authority and International
                 Preliminary Examining Authority.                     
    363.        International application designating the United
                 States: Effect.                                      
    364.        International stage: Procedure.                       
    365.        Right of priority; benefit of the filing date of a
                 prior application.                                   
    366.        Withdrawn international application.                  
    367.        Actions of other authorities: Review.                 
    368.        Secrecy of certain inventions; filing international
                 applications in foreign countries.                   

                                AMENDMENTS                            
      1986 - Pub. L. 99-616, Sec. 3, Nov. 6, 1986, 100 Stat. 3485,
    amended item 362 generally.

-End-



-CITE-
    35 USC Sec. 361                                             01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-
    Sec. 361. Receiving Office

-STATUTE-
      (a) The Patent and Trademark Office shall act as a Receiving
    Office for international applications filed by nationals or
    residents of the United States. In accordance with any agreement
    made between the United States and another country, the Patent and
    Trademark Office may also act as a Receiving Office for
    international applications filed by residents or nationals of such
    country who are entitled to file international applications.
      (b) The Patent and Trademark Office shall perform all acts
    connected with the discharge of duties required of a Receiving
    Office, including the collection of international fees and their
    transmittal to the International Bureau.
      (c) International applications filed in the Patent and Trademark
    Office shall be in the English language.
      (d) The international fee, and the transmittal and search fees
    prescribed under section 376(a) of this part, shall either be paid
    on filing of an international application or within such later time
    as may be fixed by the Director.

-SOURCE-
    (Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 686; amended
    Pub. L. 98-622, title IV, Secs. 401(a), 403(a), Nov. 8, 1984, 98
    Stat. 3391, 3392; Pub. L. 99-616, Sec. 2(d), Nov. 6, 1986, 100
    Stat. 3485; 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. (d). Pub. L. 107-273 made technical correction to
    directory language of Pub. L. 106-113. See 1999 Amendment note
    below.
      1999 - Subsec. (d). Pub. L. 106-113, as amended by Pub. L. 107-
    273, substituted "Director" for "Commissioner".
      1986 - Subsec. (d). Pub. L. 99-616 amended subsec. (d) generally.
    Prior to amendment, subsec. (d) read as follows: "The basic fee
    portion of the international fee, and the transmittal and search
    fees prescribed under section 376(a) of this part, shall be paid on
    filing of an international application or within one month after
    the date of such filing. Payment of designation fees may be made on
    filing and shall be made not later than one year from the priority
    date of the international application."
      1984 - Subsecs. (a) to (c). Pub. L. 98-622, Sec. 403(a),
    substituted "Patent and Trademark Office" for "Patent Office".
      Subsec. (d). Pub. L. 98-622, Sec. 401(a), inserted "or within one
    month after the date of such filing" after "application".

                     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 401(a) 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.

-End-



-CITE-
    35 USC Sec. 362                                             01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-
    Sec. 362. International Searching Authority and International
      Preliminary Examining Authority

-STATUTE-
      (a) The Patent and Trademark Office may act as an International
    Searching Authority and International Preliminary Examining
    Authority with respect to international applications in accordance
    with the terms and conditions of an agreement which may be
    concluded with the International Bureau, and may discharge all
    duties required of such Authorities, including the collection of
    handling fees and their transmittal to the International Bureau.
      (b) The handling fee, preliminary examination fee, and any
    additional fees due for international preliminary examination shall
    be paid within such time as may be fixed by the Director.

-SOURCE-
    (Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 686; amended
    Pub. L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98 Stat. 3392;
    Pub. L. 99-616, Sec. 4, Nov. 6, 1986, 100 Stat. 3485; 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".
      1986 - Pub. L. 99-616 inserted "and International Preliminary
    Examining Authority" in section catchline and amended text
    generally. Prior to amendment, text read as follows: "The Patent
    and Trademark Office may act as an International Searching
    Authority with respect to international applications in accordance
    with the terms and conditions of an agreement which may be
    concluded with the International Bureau."
      1984 - Pub. L. 98-622 substituted "Patent and Trademark Office"
    for "Patent Office".

                     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 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. 363                                             01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-
    Sec. 363. International application designating the United States:
      Effect

-STATUTE-
      An international application designating the United States shall
    have the effect, from its international filing date under article
    11 of the treaty, of a national application for patent regularly
    filed in the Patent and Trademark Office except as otherwise
    provided in section 102(e) of this title.

-SOURCE-
    (Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 686; amended
    Pub. L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98 Stat.
    3392.)


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-622 substituted "Patent and Trademark Office"
    for "Patent Office".

                     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. 364                                             01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-
    Sec. 364. International stage: Procedure

-STATUTE-
      (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.

-SOURCE-
    (Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 686; amended
    Pub. L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98 Stat. 3392;
    Pub. L. 99-616, Sec. 5, Nov. 6, 1986, 100 Stat. 3485; 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".
      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 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 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. 365                                             01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-
    Sec. 365. Right of priority; benefit of the filing date of a prior
      application

-STATUTE-
      (a) In accordance with the conditions and requirements of
    subsections (a) through (d) of section 119 of this title, a
    national application shall be entitled to the right of priority
    based on a prior filed international application which designated
    at least one country other than the United States.
      (b) In accordance with the conditions and requirement of section
    119(a) of this title and the treaty and the Regulations, an
    international application designating the United States shall be
    entitled to the right of priority based on a prior foreign
    application, or a prior international application designating at
    least one country other than the United States.
      (c) In accordance with the conditions and requirements of section
    120 of this title, an international application designating the
    United States shall be entitled to the benefit of the filing date
    of a prior national application or a prior international
    application designating the United States, and a national
    application shall be entitled to the benefit of the filing date of
    a prior international application designating the United States. If
    any claim for the benefit of an earlier filing date is based on a
    prior international application which designated but did not
    originate in the United States, the Director may require the filing
    in the Patent and Trademark Office of a certified copy of such
    application together with a translation thereof into the English
    language, if it was filed in another language.

-SOURCE-
    (Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 686; 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)(4), Dec. 8, 1994, 108 Stat.
    4987; 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. (c). Pub. L. 107-273 made technical correction to
    directory language of Pub. L. 106-113. See 1999 Amendment note
    below.
      1999 - Subsec. (c). Pub. L. 106-113, as amended by Pub. L. 107-
    273, substituted "Director" for "Commissioner".
      1994 - Subsec. (a). Pub. L. 103-465, Sec. 532(c)(4)(A),
    substituted "subsections (a) through (d) of section 119" for
    "section 119".
      Subsec. (b). Pub. L. 103-465, Sec. 532(c)(4)(B), substituted
    "section 119(a)" for "the first paragraph of section 119".
      1984 - Subsec. (c). Pub. L. 98-622 substituted "Patent and
    Trademark Office" for "Patent Office".

                     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 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. 366                                             01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-
    Sec. 366. Withdrawn international application

-STATUTE-
      Subject to section 367 of this part, if an international
    application designating the United States is withdrawn or
    considered withdrawn, either generally or as to the United States,
    under the conditions of the treaty and the Regulations, before the
    applicant has complied with the applicable requirements prescribed
    by section 371(c) of this part, the designation of the United
    States shall have no effect after the date of withdrawal, and shall
    be considered as not having been made, unless a claim for the
    benefit of a prior filing date under section 365(c) of this part
    was made in a national application, or an international application
    designating the United States, filed before the date of such
    withdrawal. However, such withdrawn international application may
    serve as the basis for a claim of priority under section 365(a) and
    (b) of this part, if it designated a country other than the United
    States.

-SOURCE-
    (Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 687; amended
    Pub. L. 98-622, title IV, Sec. 401(b), Nov. 8, 1984, 98 Stat.
    3391.)


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-622 inserted "after the date of withdrawal,"
    after "effect" and ", unless a claim for the benefit of a prior
    filing date under section 365(c) of this part was made in a
    national application, or an international application designating
    the United States, filed before the date of such withdrawal" after
    "having been made" in first sentence, and inserted "withdrawn"
    after "such" in second sentence.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by 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.

-End-



-CITE-
    35 USC Sec. 367                                             01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-
    Sec. 367. Actions of other authorities: Review

-STATUTE-
      (a) Where a Receiving Office other than the Patent and Trademark
    Office has refused to accord an international filing date to an
    international application designating the United States or where it
    has held such application to be withdrawn either generally or as to
    the United States, the applicant may request review of the matter
    by the Director, on compliance with the requirements of and within
    the time limits specified by the treaty and the Regulations. Such
    review may result in a determination that such application be
    considered as pending in the national stage.
      (b) The review under subsection (a) of this section, subject to
    the same requirements and conditions, may also be requested in
    those instances where an international application designating the
    United States is considered withdrawn due to a finding by the
    International Bureau under article 12(3) of the treaty.

-SOURCE-
    (Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 687; amended
    Pub. L. 98-622, title IV, Sec. 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. (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".
      1984 - Subsec. (a). Pub. L. 98-622 substituted "Patent and
    Trademark Office" for "Patent Office".

                     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 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. 368                                             01/03/2007

-EXPCITE-
    TITLE 35 - PATENTS
    PART IV - PATENT COOPERATION TREATY
    CHAPTER 36 - INTERNATIONAL STAGE

-HEAD-
    Sec. 368. Secrecy of certain inventions; filing international
      applications in foreign countries

-STATUTE-
      (a) International applications filed in the Patent and Trademark
    Office shall be subject to the provisions of chapter 17 of this
    title.
      (b) In accordance with article 27(8) of the treaty, the filing of
    an international application in a country other than the United
    States on the invention made in this country shall be considered to
    constitute the filing of an application in a foreign country within
    the meaning of chapter 17 of this title, whether or not the United
    States is designated in that international application.
      (c) If a license to file in a foreign country is refused or if an
    international application is ordered to be kept secret and a permit
    refused, the Patent and Trademark Office when acting as a Receiving
    Office, International Searching Authority, or International
    Preliminary Examining Authority, may not disclose the contents of
    such application to anyone not authorized to receive such
    disclosure.

-SOURCE-
    (Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 687; amended
    Pub. L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98 Stat. 3392;
    Pub. L. 99-616, Sec. 6, Nov. 6, 1986, 100 Stat. 3486.)


-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (c). Pub. L. 99-616 substituted a comma for "or"
    after "Receiving Office" and "International Preliminary Examining
    Authority" for "both".
      1984 - Subsecs. (a), (c). Pub. L. 98-622 substituted "Patent and
    Trademark Office" for "Patent Office".

                     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 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-