35 U.S.C. § 351 — Definitions
submitted 51 years ago by Pub. L. 94-131 to r/title-35-PATENTS · 266 words · no verdicts yet
This section defines words used in the part of patent law about international patent applications. It explains terms like "treaty," "international application," "Receiving Office," and "International Bureau." Any term not defined here follows the meaning given in the treaty and its regulations.
This section defines words used in this part of patent law, unless the surrounding text says otherwise.
(a) "Treaty" means the Patent Cooperation Treaty, signed in Washington on June 19, 1970.
(b) "Regulations" (capitalized) means the official rules under that treaty, also adopted in Washington on the treaty's signing date. "regulations" (not capitalized) means rules the Director of the Patent and Trademark Office makes under this title.
(c) "International application" means an application filed under the treaty.
(d) "International application originating in the United States*" means one filed at the U.S. Patent and Trademark Office while it's acting as a "Receiving Office" under the treaty -- whether or not the application names the United States as a country where a patent is wanted.
(e) "International application designating the United States" means an international application that names the United States as a country where the applicant wants a patent, no matter where the application was filed.
(f) "Receiving Office" means a national patent office, or an international organization, that accepts and processes international applications under the treaty and Regulations.
(g) "International Searching Authority" and "International Preliminary Examining Authority" mean a national patent office or international organization appointed under the treaty to process* international applications as the treaty and Regulations require.
(h) "International Bureau" means the international organization that coordinates the treaty system, as recognized under the treaty and Regulations.
(i) Any term this part doesn't define should be understood the way the treaty and Regulations define it.
When used in this part unless the context otherwise indicates—
The term “treaty” means the Patent Cooperation Treaty done at Washington, on June 19, 1970.
The term “Regulations”, when capitalized, means the Regulations under the treaty, done at Washington on the same date as the treaty. The term “regulations”, when not capitalized, means the regulations established by the Director under this title.
The term “international application” means an application filed under the treaty.
The term “international application originating in the United States*” means an international application filed in the Patent and Trademark Office when it is acting as a Receiving Office under the treaty, irrespective of whether or not the United States has been designated in that international application.
The term “international application designating the United States” means an international application specifying the United States as a country in which a patent is sought, regardless where such international application is filed.
The term “Receiving Office” means a national patent office or intergovernmental organization which receives and processes international applications as prescribed by the treaty and the Regulations.
The terms “International Searching Authority” and “International Preliminary Examining Authority” mean a national patent office or intergovernmental organization as appointed under the treaty which processes international applications as prescribed by the treaty and the Regulations.
The term “International Bureau” means the international intergovernmental organization which is recognized as the coordinating body under the treaty and the Regulations.
Terms and expressions not defined in this part are to be taken in the sense indicated by the treaty and the Regulations.
Source credit: (Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 685; amended Pub. L. 98–622, title IV, § 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, § 2(a)–(c), 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.)
- 1975Enacted · Pub. L. 94-131 · 89 Stat. 685
- 1984Amended · Pub. L. 98-622 · 98 Stat. 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
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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