United States Code/Title 35/Chapter 36/Section 364

by the United States Government

Section 364. International stage: Procedure

(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.)

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”.

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.

1986

Subsec. (a). Pub. L. 99-616 substituted a comma for “or” before “International Searching Authority” and “International Preliminary Examining Authority” for “both”.

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.

1984

Subsec. (a). 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.