Act to Authorize the United States to Participate in Chapter II of the Patent Cooperation Treaty
PL 99-616 (S.1230), enacted 11/06/1986

PUBLIC LAW 99-616—NOV. 6, 1986 
100 STAT. 3485 
Public Law 99-616 
99th Congress 
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An Act 
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To amend the patent laws implementing the Patent Cooperation Treaty. 
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Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may 
35 USC 351 note. 
be cited £is the "Act to authorize the United States to participate in 
chapter II of the Patent Cooperation Treaty". 
28 UST 7645. 
SEC. 2. (a) Section 351(a) of title 35, United States Code, is 
amended by striking out ", excluding chapter II thereof". 
(b) Section 351(b) of title 35, United States Code, is amended by 
striking out "excluding part C thereof". 
(c) Section 351(g) of title 35, United States Code, is amended by— 
(1) striking out "term" and inserting in lieu thereof "terms"; 
(2) inserting "and 'International Preliminary Examining 
Authority' " after "Authority"; and 
(3) striking out "means" and inserting in lieu thereof "mean". 
(d) Section 361(d) of title 35, United States Code, is amended to 
read as follows: 
"(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 Commissioner.". 
SEC. 3. The item relating to section 362 in the analysis for chapter 
36 of title 35, United States Code, is amended to read £is follows: 
"362. International Searching Authority and International Preliminary Examining 
Authority.". 
SEC. 4. Section 362 of title 35, United States Code, is amended to 
read as follows: 
"§362. International Searching Authority and 
International 
Preliminary Examining Authority 
"(a) The Patent and Trademark Office may act as an Inter-
national 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 dis-
charge all duties required of such Authorities, including the collec-
tion 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 Commissioner.". 
SEC. 5. Section 364(a) of title 35, United States Code, is amended 
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(a) striking out "or', first occurrence and inserting in lieu 
thereof","; 
(b) inserting "International Preliminary Examining Author-
ity" after "Authority, or"; and 
100 STAT. 3486 
PUBLIC LAW 99-616—NOV. 6, 1986 
(c) striking out "both". 
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SEC. 6. Section 368(c) of title 35, United States Code, is amended 
b y -
(a) striking out the second occurrence of "or" and inserting in 
"1 
'^j'; _ 
lieu thereof",", and 
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(b) striking out "both" and inserting in lieu thereof "Inter-
national Preliminary Examining Authority". 
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SEC. 7. (a) Section 371(a) of title 35, United States Code, is 
amended to read as follows: 
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"(a) Receipt from the International Bureau of copies of inter-
national applications with any amendments to the claims, inter-
national 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) Section 371(b) of title 35, United States Code, is amended to 
read as follows: 
"(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(l)(a) of the treaty ". 
(c) Section 371(c)(4j of title 35, United States Code, is amended by 
striking the "." and inserting in lieu thereof ";". 
(d) Section 371(c) of title 35, United States Code, is amended by 
adding at the end thereof the following new paragraph (5): 
"(5) a translation into the English language of any annexes 
to the international preliminary examination report, if such 
annexes were made in another language,". 
(e) Section 371(d) of title 35, United States Code, is amended by 
adding at the end thereof the following sentence: "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(2Xb) of the 
treaty " 
(f) Section 371(e) of title 35, United States Code, is amended by 
inserting "or article 41" after "28" 
SEC. 8. (a) Section 376(a) of title 35, United States Code, is 
amended by— 
(1) inserting "and the handling fee" after the first occurrence 
of "fee"; 
(2) striking "amount is" and inserting in lieu thereof 
"amounts are", 
(3) redesignating paragraph (5) as paragraph (6); and 
vfiii ^^^ inserting the following new paragraph (5): 
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"(5) A preliminary examination fee and any additional fees 
(see section 362(b))." 
(b) Section 376(b) of title 35, United States Code, is amended by— 
(1) inserting "and the handling fee" after the first occurrence 
of "fee" in the first sentence; and 
(2) inserting "the preliminary examination fee and any addi-
tional fees," after "fee," in the third sentence. 
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PUBLIC LAW 99-616—NOV. 6, 1986 
100 STAT. 3487 
SEC. 9. Sections 2 through 8 of this Act shall come into force on the 
Effective date. 
same day as the effective date of entry into force of chapter II of the 
35 USC 351 note. 
Patent Cooperation Treaty with respect to the United States, by 28 UST 7645. 
virtue of the withdrawal of the declaration under article 64(lXa) of 
the Patent Cooperation Treaty. It shall apply to all international 
applications pending before or after its effective date. 
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Approved November 6, 1986. 
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LEGISLATIVE HISTORY—S. 1230: 
SENATE REPORTS: No. 99-275 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
Oct. 16, considered and passed Senate. 
Oct. 17, considered and passed House.