Title 35 — PatentsRelease 119-73
§351 Definitions
Title 35 › Part PART IV— - PATENT COOPERATION TREATY › Chapter CHAPTER 35— - DEFINITIONS › § 351
Summary
Sets the meanings of key words used in this part. Treaty: the Patent Cooperation Treaty signed in Washington on June 19, 1970. Regulations (capital R): the treaty rules made in Washington on that date; regulations (lowercase): rules the Director makes under this title. International application: an application filed under the treaty. International application originating in the United States: filed at the Patent and Trademark Office when it acts as a Receiving Office. International application designating the United States: names the U.S. as a country where a patent is sought. Receiving Office, International Searching Authority, International Preliminary Examining Authority: national patent offices or intergovernmental organizations appointed to process international applications under the treaty and the Regulations. International Bureau: the international organization that coordinates the treaty and the Regulations. Terms not defined here take their meanings from the treaty and the Regulations.
Full Legal Text
Title 35, §351
Patents — Source: USLM XML via OLRC
When used in this part unless the context otherwise indicates—
(a)The term “treaty” means the Patent Cooperation Treaty done at Washington, on June 19, 1970.
(b)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.
(c)The term “international application” means an application filed under the treaty.
(d)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.
(e)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.
(f)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.
(g)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.
(h)The term “International Bureau” means the international intergovernmental organization which is recognized as the coordinating body under the treaty and the Regulations.
(i)Terms and expressions not defined in this part are to be taken in the sense indicated by the treaty and the Regulations.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2002—Subsec. (b). Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below. 1999—Subsec. (b). Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”. 1986—Subsec. (a). Pub. L. 99–616, § 2(a), struck out “, excluding chapter II thereof” after “June 19, 1970”. Subsec. (b). Pub. L. 99–616, § 2(b), struck out “excluding part C thereof” after “under the treaty”. Subsec. (g). Pub. L. 99–616, § 2(c), substituted “The terms ‘International Searching Authority’ and ‘International Preliminary Examining Authority’ mean” for “The term ‘International Searching Authority’ means”. 1984—Subsec. (d). Pub. L. 98–622 substituted “Patent and Trademark Office” for “Patent Office”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1999 AmendmentAmendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
Effective Date
of 1986 Amendment Pub. L. 99–616, § 9, Nov. 6, 1986, 100 Stat. 3487, provided that: “Sections 2 through 8 of this Act [amending this section and section 361, 362, 364, 368, 371, and 376 of this title] shall come into force on the same day as the
Effective Date
of entry into force of chapter II of the Patent Cooperation Treaty with respect to the United States, by virtue of the withdrawal of the declaration under article 64(1)(a) of the Patent Cooperation Treaty. It shall apply to all international applications pending before or after its
Effective Date
.” [The Patent Cooperation Treaty became effective for the United States on Jan. 24, 1978. The United States, however, was one of six countries (out of the 40 countries who have ratified or acceded to the Treaty) which had reservations not to be bound by Chapter II. The document removing the reservation as to Chapter II was deposited with the Director General of the World Intellectual Property Organization on Apr. 1, 1987. Accordingly, Chapter II of the Treaty for the United States of America and Pub. L. 99–616 became effective 3 months later on
July 1, 1987. See 52 F.R. 20038, 20041,
May 28, 1987.]
Effective Date
of 1984 Amendment Pub. L. 98–622, title IV, § 406(a), Nov. 8, 1984, 98 Stat. 3393, provided that: “section 404 of this Act [set out as a note under section 41 of this title] and the
Amendments
made by section 403 of this Act [amending this section and section 104, 361, 362, 363, 364, 365, 367, 368, 371, 372, 373, and 376 of this title] shall take effect on the date of the enactment of this Act [Nov. 8, 1984].”
Effective Date
Pub. L. 94–131, § 11, Nov. 14, 1975, 89 Stat. 692, provided that: “(a) section 1 of this Act [enacting this part] shall come into force on the same day as the entry into force of the Patent Cooperation Treaty with respect to the United States. It shall apply to international and national applications filed on and after this
Effective Date
, even though entitled to the benefit of an earlier filing date, and to patents issued on such applications. “(b) Sections 2 to 10 of this Act [amending section 6, 41, 42, 102, 104, 112, 113, 120, and 282 of this title] shall take effect on the same day as section 1 of this Act [enacting this part] and shall apply to all applications for patent actually filed in the United States on and after this
Effective Date
, as well as to international applications where applicable. “(c) Applications for patent on file in the Patent Office [now the Patent and Trademark Office] on the
Effective Date
of this Act, and patents issued on such applications, shall be governed by the provisions of title 35, United States Code, in effect immediately prior to the
Effective Date
of this Act.” [The Patent Cooperation Treaty entered into force with respect to the United States on Jan. 24, 1978, with the exception of Chapter II.]
Short Title
of 1986 Amendment Pub. L. 99–616, § 1, Nov. 6, 1986, 100 Stat. 3485, provided: “That this Act [amending this section and section 361, 362, 364, 368, 371, and 376 of this title and enacting provisions set out as a note above] may be cited as the ‘Act to authorize the United States to participate in chapter II of the Patent Cooperation Treaty’.”
Reference
Citations & Metadata
Citation
35 U.S.C. § 351
Title 35 — Patents
Last Updated
Apr 6, 2026
Release point: 119-73