Title 35PatentsRelease 119-73

§361 Receiving Office

Title 35 › Part PART IV— - PATENT COOPERATION TREATY › Chapter CHAPTER 36— - INTERNATIONAL STAGE › § 361

Last updated Apr 6, 2026|Official source

Summary

The Patent and Trademark Office must act as the Receiving Office that accepts international patent applications from U.S. nationals or residents. If the United States has an agreement with another country, the Office can also accept applications from that country’s nationals or residents who are allowed to file internationally. The Office must carry out all Receiving Office duties, including collecting international fees and sending them to the International Bureau. Applications filed there must be in English, or include an English translation by the deadline the Director sets. The international fee and the transmittal and search fees under section 376(a) must be paid when filing or by a later deadline set by the Director.

Full Legal Text

Title 35, §361

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(a)The Patent and Trademark Office shall act as a Receiving Office for international applications filed by nationals or residents of the United States. In accordance with any agreement made between the United States and another country, the Patent and Trademark Office may also act as a Receiving Office for international applications filed by residents or nationals of such country who are entitled to file international applications.
(b)The Patent and Trademark Office shall perform all acts connected with the discharge of duties required of a Receiving Office, including the collection of international fees and their transmittal to the International Bureau.
(c)International applications filed in the Patent and Trademark Office shall be filed in the English language, or an English translation shall be filed within such later time as may be fixed by the Director.
(d)The international fee, and the transmittal and search fees prescribed under section 376(a) of this part, shall either be paid on filing of an international application or within such later time as may be fixed by the Director.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2012—Subsec. (c). Pub. L. 112–211 added subsec. (c) and struck out former subsec. (c) which read as follows: “International applications filed in the Patent and Trademark Office shall be in the English language.” 2002—Subsec. (d). Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below. 1999—Subsec. (d). Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”. 1986—Subsec. (d). Pub. L. 99–616 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The basic fee portion of the international fee, and the transmittal and search fees prescribed under section 376(a) of this part, shall be paid on filing of an international application or within one month after the date of such filing. Payment of designation fees may be made on filing and shall be made not later than one year from the priority date of the international application.” 1984—Subsecs. (a) to (c). Pub. L. 98–622, § 403(a), substituted “Patent and Trademark Office” for “Patent Office”. Subsec. (d). Pub. L. 98–622, § 401(a), inserted “or within one month after the date of such filing” after “application”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that

Effective Date

and patent applications pending on or filed after that

Effective Date

, and not effective with respect to patents in litigation commenced before that

Effective Date

, see section 203 of Pub. L. 112–211, set out as an

Effective Date

note under section 27 of this title.

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 AmendmentAmendment by Pub. L. 99–616 effective July 1, 1987, and applicable to all international applications pending before or after that date, see section 9 of Pub. L. 99–616, set out as a note under section 351 of this title.

Effective Date

of 1984 AmendmentAmendment by section 401(a) of Pub. L. 98–622 effective six months after Nov. 8, 1984, see section 406(b) of Pub. L. 98–622, set out as a note under section 3 of this title. Amendment by section 403(a) of Pub. L. 98–622 effective Nov. 8, 1984, see section 406(a) of Pub. L. 98–622, set out as a note under section 351 of this title.

Effective Date

Section effective Jan. 24, 1978, and applicable to international and national applications filed on and after that date, see section 11 of Pub. L. 94–131, set out as a note under section 351 of this title.

Reference

Citations & Metadata

Citation

35 U.S.C. § 361

Title 35Patents

Last Updated

Apr 6, 2026

Release point: 119-73