35 U.S.C. § 375 — Patent issued on international application: Effect
submitted 51 years ago by Pub. L. 94-131 to r/title-35-PATENTS · 123 words · no verdicts yet
A U.S. patent based on an international application has the same legal force as any other U.S. patent. If a translation error makes the patent broader than the original non-English application, a court can narrow it. The court does this by declaring the extra scope unenforceable.
(a) The Director can issue a U.S. patent based on an international application* that names the United States*. Once issued, that patent works exactly like a patent granted from a normal national application filed under chapter 11 of this title.
(b) Sometimes an international application wasn't originally written in English, and a mistake in translating it makes the patent the U.S. later grants cover more than the original, non-English application covered. When that happens, a court with proper jurisdiction can go back and narrow the patent's scope. The court does this by declaring the patent unenforceable for whatever part exceeds what the original-language application actually covered.
A patent may be issued by the Director based on an international application designating the United States*, in accordance with the provisions of this title. Such patent shall have the force and effect of a patent issued on a national application filed under the provisions of chapter 11.
Where due to an incorrect translation the scope of a patent granted on an international application* designating the United States*, which was not originally filed in the English language, exceeds the scope of the international application in its original language, a court of competent jurisdiction may retroactively limit the scope of the patent, by declaring it unenforceable to the extent that it exceeds the scope of the international application in its original language.
Source credit: (Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 689; amended 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. 112–29, §§ 3(g)(5), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.)
- 1975Enacted · Pub. L. 94-131 · 89 Stat. 689
- 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
- 2002Amended · Pub. L. 107-273 · 116 Stat. 1906
- 2011Amended · Pub. L. 112-29 · 125 Stat. 288, 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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