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35 U.S.C. § 361 — Receiving Office

submitted 51 years ago by Pub. L. 94-131 to r/title-35-PATENTS · 175 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Patent and Trademark Office receives international patent applications from U.S. residents and citizens. It may also do this for other countries under an agreement. Applications must be filed in English, and required fees must be paid on time.

(a) The Patent and Trademark Office (PTO) acts as the "Receiving Office" for international patent applications filed by U.S. citizens or residents. If the U.S. has an agreement with another country, the PTO can also act as Receiving Office for that country's citizens or residents who are allowed to file international applications. (b) The PTO must handle all the duties of a Receiving Office, including collecting the international filing fees and sending them on to the International Bureau. (c) International applications filed at the PTO must be in English, or an English translation must be filed by whatever later deadline the Director sets. (d) The international fee, plus the transmittal and search fees required under section 376(a), must be paid either when the application is filed, or by a later deadline the Director sets.
the actual law source: uscode.house.gov ↗public domain
(a)

The Patent and Trademark Office shall act as a Receiving Office for international applications filed by nationals or residents of the United States. In accordance with any agreement made between the United States and another country, the Patent and Trademark Office may also act as a Receiving Office for international applications filed by residents or nationals of such country who are entitled to file international applications.

(b)

The Patent and Trademark Office shall perform all acts connected with the discharge of duties required of a Receiving Office, including the collection of international fees and their transmittal to the International Bureau.

(c)

International applications filed in the Patent and Trademark Office shall be filed in the English language, or an English translation shall be filed within such later time as may be fixed by the Director.

(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 Director.

Source credit: (Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 686; amended Pub. L. 98–622, title IV, §§ 401(a), 403(a), Nov. 8, 1984, 98 Stat. 3391, 3392; Pub. L. 99–616, § 2(d), 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; Pub. L. 112–211, title II, § 202(b)(7), Dec. 18, 2012, 126 Stat. 1536.)

history & why it existsrecord from the source credit
  • 1975Enacted · Pub. L. 94-131 · 89 Stat. 686
  • 1984Amended · Pub. L. 98-622 · 98 Stat. 3391, 3392
  • 1986Amended · Pub. L. 99-616 · 100 Stat. 3485
  • 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1906
  • 2012Amended · Pub. L. 112-211 · 126 Stat. 1536

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-131 on 1975-11-14.

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