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35 U.S.C. § 368 — Secrecy of certain inventions; filing international applications in foreign countries

submitted 51 years ago by Pub. L. 94-131 to r/title-35-PATENTS · 143 words · no verdicts yet

in plain englishAI-generated · not legal advice

International patent applications filed at the Patent and Trademark Office follow the secrecy rules in chapter 17. Filing an international application in another country counts as a foreign filing under chapter 17. That's true even if the U.S. isn't named in it. If a license or secrecy permit is refused, the Patent Office can't share the application with unauthorized people.

(a) International applications filed at the Patent and Trademark Office must follow the rules in chapter 17 (which governs keeping certain inventions secret). (b) Under article 27(8) of the treaty, filing an international application on a U.S.-made invention in a country other than the United States counts as filing an application in a foreign country under chapter 17 — no matter whether the United States is named in that international application or not. (c) If a license to file abroad is refused, or if the application is ordered kept secret and a permit is refused, the Patent and Trademark Office — whether acting as Receiving Office, International Searching Authority, or International Preliminary Examining Authority — cannot share the application's contents with anyone not authorized to see it.
the actual law source: uscode.house.gov ↗public domain
(a)

International applications filed in the Patent and Trademark Office shall be subject to the provisions of chapter 17.

(b)

In accordance with article 27(8) of the treaty, the filing of an international application in a country other than the United States on the invention made in this country shall be considered to constitute the filing of an application in a foreign country within the meaning of chapter 17, whether or not the United States is designated in that international application.

(c)

If a license to file in a foreign country is refused or if an international application is ordered to be kept secret and a permit refused, the Patent and Trademark Office when acting as a Receiving Office, International Searching Authority, or International Preliminary Examining Authority, may not disclose the contents of such application to anyone not authorized to receive such disclosure.

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. 99–616, § 6, Nov. 6, 1986, 100 Stat. 3486; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)

history & why it existsrecord from the source credit
  • 1975Enacted · Pub. L. 94-131 · 89 Stat. 687
  • 1984Amended · Pub. L. 98-622 · 98 Stat. 3392
  • 1986Amended · Pub. L. 99-616 · 100 Stat. 3486
  • 2011Amended · Pub. L. 112-29 · 125 Stat. 335

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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