Title 35PatentsRelease 119-73

§364 International stage: Procedure

Title 35 › Part PART IV— - PATENT COOPERATION TREATY › Chapter CHAPTER 36— - INTERNATIONAL STAGE › § 364

Last updated Apr 6, 2026|Official source

Summary

The Patent and Trademark Office must process international applications when it serves as the receiving, searching, or examining office under the treaty, rules, and this law; missed deadlines can be excused if the treaty or rules allow it.

Full Legal Text

Title 35, §364

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(a)International applications shall be processed by the Patent and Trademark Office when acting as a Receiving Office, International Searching Authority, or International Preliminary Examining Authority, in accordance with the applicable provisions of the treaty, the Regulations, and this title.
(b)An applicant’s failure to act within prescribed time limits in connection with requirements pertaining to an international application may be excused as provided in the treaty and the Regulations.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2012—Subsec. (b). Pub. L. 112–211 added subsec. (b) and struck out former subsec. (b) which read as follows: “An applicant’s failure to act within prescribed time limits in connection with requirements pertaining to a pending international application may be excused upon a showing satisfactory to the Director of unavoidable delay, to the extent not precluded by the treaty and the

Regulations

, and provided the conditions imposed by the treaty and the

Regulations

regarding the excuse of such failure to act are complied with.” 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 substituted a comma for “or” before “International Searching Authority” and “International Preliminary Examining Authority” for “both”. 1984—Subsec. (a). Pub. L. 98–622 substituted “Patent and Trademark Office” for “Patent Office”.

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 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. § 364

Title 35Patents

Last Updated

Apr 6, 2026

Release point: 119-73