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Title 35 — PatentsRelease 119-73

§367 Actions of other authorities: Review

Title 35 › Part PART IV— - PATENT COOPERATION TREATY › Chapter CHAPTER 36— - INTERNATIONAL STAGE › § 367

Last updated Apr 6, 2026|Official source

Summary

If a foreign receiving office refuses to give an international filing date or treats an international application that names the United States as withdrawn, the applicant can ask the Director to review that decision. The request must follow the treaty and the Regulations and meet their time limits. The Director can decide the application should be treated as pending in the U.S. national stage. The same review can be asked if the International Bureau found the application withdrawn under article 12(3) of the treaty.

Full Legal Text

Title 35, §367

Patents — Source: USLM XML via OLRC

(a)Where a Receiving Office other than the Patent and Trademark Office has refused to accord an international filing date to an international application designating the United States or where it has held such application to be withdrawn either generally or as to the United States, the applicant may request review of the matter by the Director, on compliance with the requirements of and within the time limits specified by the treaty and the Regulations. Such review may result in a determination that such application be considered as pending in the national stage.
(b)The review under subsection (a) of this section, subject to the same requirements and conditions, may also be requested in those instances where an international application designating the United States is considered withdrawn due to a finding by the International Bureau under article 12(3) of the treaty.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below. 1999—Subsec. (a). Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”. 1984—Subsec. (a). 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 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. § 367

Title 35 — Patents

Last Updated

Apr 6, 2026

Release point: 119-73