United States Code/Title 35/Chapter 37/Section 374
Section 374. Publication of international application
The publication under the treaty defined in section 351(a) of this title, of an international application designating the United States shall be deemed a publication under section 122(b), except as provided in sections 102(e) and 154(d) of this title.
Source
[edit](Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 689; amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4507(10)], Nov. 29, 1999, 113 Stat. 1536, 1501A-566; Pub. L. 107-273, div. C, title III, Sec. 13205(2)(E), Nov. 2, 2002, 116 Stat. 1903.)
Amendments
[edit]2002
[edit]Pub. L. 107-273 amended Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4507(10)], see 1999 Amendment note below. Prior to being amended by Pub. L. 107-273, Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4507(10)], had amended this section to read as follows: “The publication under the treaty defined in section 351(a) of this title, of an international application designating the United States shall confer the same rights and shall have the same effect under this title as an application for patent published under section 122(b), except as provided in sections 102(e) and 154(d) of this title.”
1999
[edit]Pub. L. 106-113, as amended by Pub. L. 107-273, amended section catchline and text generally. Prior to amendment, text read as follows: “The publication under the treaty of an international application shall confer no rights and shall have no effect under this title other than that of a printed publication.”
Effective Date of 1999 Amendment
[edit]Amendment by Pub. L. 106-113 effective Nov. 29, 2000, and applicable only to applications (including international applications designating the United States) filed on or after that date, see section 1000(a)(9) [title IV, Sec. 4508] of Pub. L. 106-113, as amended, set out as a note under section 10 of this title.