35-U.S.C.-351
§351 – Definitions
Pathway
Title 35 > Part IV > Chapter 35 > Section 351
Details
- Reference: Section 351
- Legend: §351 – Definitions
- USCode Year: 2013
Provision Content
When used in this part unless the context otherwise indicates—
(a) The term treaty means the Patent Cooperation Treaty done at Washington, on June 19, 1970.
(b) The term Regulations, when capitalized, means the Regulations under the treaty, done at Washington on the same date as the treaty. The term regulations, when not capitalized, means the regulations established by the Director under this title.
(c) The term international application means an application filed under the treaty.
(d) The term international application originating in the United States means an international application filed in the Patent and Trademark Office when it is acting as a Receiving Office under the treaty, irrespective of whether or not the United States has been designated in that international application.
(e) The term international application designating the United States means an international application specifying the United States as a country in which a patent is sought, regardless where such international application is filed.
(f) The term Receiving Office means a national patent office or intergovernmental organization which receives and processes international applications as prescribed by the treaty and the Regulations.
(g) The terms International Searching Authority and International Preliminary Examining Authority mean a national patent office or intergovernmental organization as appointed under the treaty which processes international applications as prescribed by the treaty and the Regulations.
(h) The term International Bureau means the international intergovernmental organization which is recognized as the coordinating body under the treaty and the Regulations.
(i) Terms and expressions not defined in this part are to be taken in the sense indicated by the treaty and the Regulations.
(Added Pub. L. 94–131, §1, Nov. 14, 1975, 89 Stat. 685; amended Pub. L. 98–622, title IV, §403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, §2(a)–(c), Nov. 6, 1986, 100 Stat. 3485; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, §13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)
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, §2(a), struck out , excluding chapter II thereof after June 19, 1970.
Subsec. (b). Pub. L. 99–616, §2(b), struck out excluding part C thereof after under the treaty.
Subsec. (g). Pub. L. 99–616, §2(c), substituted The terms ‘International Searching Authority’ and ‘International Preliminary Examining Authority’ mean for The term ‘International Searching Authority’ means.
1984—Subsec. (d). 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, §4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
Effective Date of 1986 Amendment
Pub. L. 99–616, §9, Nov. 6, 1986, 100 Stat. 3487, provided that: Sections 2 through 8 of this Act [amending this section and sections 361, 362, 364, 368, 371, and 376 of this title] shall come into force on the same day as the effective date of entry into force of chapter II of the Patent Cooperation Treaty with respect to the United States, by virtue of the withdrawal of the declaration under article 64(1)(a) of the Patent Cooperation Treaty. It shall apply to all international applications pending before or after its effective date.
[The Patent Cooperation Treaty became effective for the United States on Jan. 24, 1978. The United States, however, was one of six countries (out of the 40 countries who have ratified or acceded to the Treaty) which had reservations not to be bound by Chapter II. The document removing the reservation as to Chapter II was deposited with the Director General of the World Intellectual Property Organization on Apr. 1, 1987. Accordingly, Chapter II of the Treaty for the United States of America and Pub. L. 99–616 became effective 3 months later on July 1, 1987. See 52 F.R. 20038, 20041, May 28, 1987.]
Effective Date of 1984 Amendment
Pub. L. 98–622, title IV, §406(a), Nov. 8, 1984, 98 Stat. 3393, provided that: Section 404 of this Act [set out as a note under section 41 of this title] and the amendments made by section 403 of this Act [amending this section and sections 104, 361, 362, 363, 364, 365, 367, 368, 371, 372, 373, and 376 of this title] shall take effect on the date of the enactment of this Act [Nov. 8, 1984].
Effective Date
Pub. L. 94–131, §11, Nov. 14, 1975, 89 Stat. 692, provided that:
(a) Section 1 of this Act [enacting this part] shall come into force on the same day as the entry into force of the Patent Cooperation Treaty with respect to the United States. It shall apply to international and national applications filed on and after this effective date, even though entitled to the benefit of an earlier filing date, and to patents issued on such applications.
(b) Sections 2 to 10 of this Act [amending sections 6, 41, 42, 102, 104, 112, 113, 120, and 282 of this title] shall take effect on the same day as section 1 of this Act [enacting this part] and shall apply to all applications for patent actually filed in the United States on and after this effective date, as well as to international applications where applicable.
(c) Applications for patent on file in the Patent Office [now the Patent and Trademark Office] on the effective date of this Act, and patents issued on such applications, shall be governed by the provisions of title 35, United States Code, in effect immediately prior to the effective date of this Act.
[The Patent Cooperation Treaty entered into force with respect to the United States on Jan. 24, 1978, with the exception of Chapter II.]
Short Title of 1986 Amendment
Pub. L. 99–616, §1, Nov. 6, 1986, 100 Stat. 3485, provided: That this Act [amending this section and sections 361, 362, 364, 368, 371, and 376 of this title and enacting provisions set out as a note above] may be cited as the ‘Act to authorize the United States to participate in chapter II of the Patent Cooperation Treaty’.
U.S. Encyclopedia of Law Coverage
35-U.S.C.-313 in the Legal Encyclopedia: Patents
In this entry about 35-U.S.C.-313, find legal reference material, bibliographies and premiere content related to patents in the American Encyclopedia of Law, presenting a comprehensive view of the United States patents-specific issues, written by authorities in the field.
Subchapter IV – Enforcement in the Legal Encyclopedia: Treaties
In this entry about Subchapter IV – Enforcement, find legal reference material, bibliographies and premiere content related to treaties in the American Encyclopedia of Law, presenting a comprehensive view of the United States treaties-specific issues, written by authorities in the field.
Subchapter IV – Enforcement in the Legal Encyclopedia: International Law
In this entry about Subchapter IV – Enforcement, find legal reference material, bibliographies and premiere content related to international law in the American Encyclopedia of Law, presenting a comprehensive view of the United States international law-specific issues, written by authorities in the field.
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