Title 35PatentsRelease 119-73

§374 Publication of international application

Title 35 › Part PART IV— - PATENT COOPERATION TREATY › Chapter CHAPTER 37— - NATIONAL STAGE › § 374

Last updated Apr 6, 2026|Official source

Full Legal Text

Title 35, §374

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The publication under the treaty defined in section 351(a), of an international application designating the United States shall be deemed a publication under section 122(b), except as provided in section 154(d).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Pub. L. 112–29, § 20(j), struck out “of this title” after “351(a)” and after “and 154(d)”. Pub. L. 112–29, § 3(g)(4), substituted “section 154(d)” for “section 102(e) and 154(d)”. 2002—Pub. L. 107–273 amended Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(10)], see 1999 Amendment note below. Prior to being amended by Pub. L. 107–273, Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(10)], had amended this section to read as follows: “The publication under the treaty defined in section 351(a) of this title, of an international application designating the United States shall confer the same rights and shall have the same effect under this title as an application for patent published under section 122(b), except as provided in section 102(e) and 154(d) of this title.” 1999—Pub. L. 106–113, as amended by Pub. L. 107–273, amended section catchline and text generally. Prior to amendment, text read as follows: “The publication under the treaty of an international application shall confer no rights and shall have no effect under this title other than that of a printed publication.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2011 AmendmentAmendment by section 3(g)(4) of Pub. L. 112–29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an

Effective Date

of 2011 Amendment;

Savings Provision

s note under section 100 of this title. Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that

Effective Date

, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.

Effective Date

of 1999 AmendmentAmendment by Pub. L. 106–113 effective Nov. 29, 2000, and applicable only to applications (including international applications designating the United States) filed on or after that date, see section 1000(a)(9) [title IV, § 4508] of Pub. L. 106–113, as amended, set out as a note under section 10 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. § 374

Title 35Patents

Last Updated

Apr 6, 2026

Release point: 119-73