35 U.S.C. § 367 — Actions of other authorities: Review

submitted 51 years ago by Pub. L. 94-131 to r/title-35-PATENTS · 141 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a foreign patent office refuses an international filing date, the applicant can ask the Director for review. This also applies if that office says the application was withdrawn. The review can result in the application being treated as pending in the U.S. national stage.

(a) If a Receiving Office other than the U.S. Patent and Trademark Office refuses to give an international filing date to an application that names the United States, or decides the application should be treated as withdrawn (either entirely or just for the U.S.), the applicant can ask the Director to review that decision. The applicant must meet the deadlines and requirements set by the treaty and its Regulations. If the review succeeds, the application can be treated as still pending in the U.S. national stage. (b) The same kind of review under (a), with the same requirements, is also available when an international application naming the United States is considered withdrawn because the International Bureau made a finding under article 12(3) of the treaty.

the actual law source: uscode.house.gov ↗public domain

(a)

Where a Receiving Office other than the Patent and Trademark Office has refused to accord an international filing date to an international application designating the United States or where it has held such application to be withdrawn either generally or as to the United States, the applicant may request review of the matter by the Director, on compliance with the requirements of and within the time limits specified by the treaty and the Regulations. Such review may result in a determination that such application be considered as pending in the national stage.

(b)

The review under subsection (a) of this section, subject to the same requirements and conditions, may also be requested in those instances where an international application designating the United States is considered withdrawn due to a finding by the International Bureau under article 12(3) of the treaty.

Source credit: (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. 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.)

history & why it existsrecord from the source credit

1975Enacted · Pub. L. 94-131 · 89 Stat. 687
1984Amended · Pub. L. 98-622 · 98 Stat. 3392
1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
2002Amended · Pub. L. 107-273 · 116 Stat. 1906

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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