35-U.S.C.-368
§368 – Secrecy of Certain Inventions; Filing International Applications In Foreign Countries
Pathway
Title 35 > Part IV > Chapter 36 > Section 368
Details
- Reference: Section 368
- Legend: §368 – Secrecy of Certain Inventions; Filing International Applications In Foreign Countries
- USCode Year: 2013
Provision Content
(a) International applications filed in the Patent and Trademark Office shall be subject to the provisions of chapter 17.
(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, 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.
(Added Pub. L. 94–131, §1, Nov. 14, 1975, 89 Stat. 687; amended Pub. L. 98–622, title IV, §403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, §6, Nov. 6, 1986, 100 Stat. 3486; Pub. L. 112–29, §20(j), Sept. 16, 2011, 125 Stat. 335.)
Amendments
2011—Subsecs. (a), (b). Pub. L. 112–29 struck out of this title after 17.
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 2011 Amendment
Amendment 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 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.
U.S. Encyclopedia of Law Coverage
35-U.S.C.-365 in the Legal Encyclopedia: Patents
In this entry about 35-U.S.C.-365, 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.
35-U.S.C.-361 in the Legal Encyclopedia: Treaties
In this entry about 35-U.S.C.-361, 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.
35-U.S.C.-361 in the Legal Encyclopedia: International Law
In this entry about 35-U.S.C.-361, 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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