Title 35 — PatentsRelease 119-73not60
§362 International Searching Authority and International Preliminary Examining Authority
Title 35 › Part IV— PATENT COOPERATION TREATY › Chapter 36— INTERNATIONAL STAGE › § 362
Summary
The Patent and Trademark Office can serve as an international search and preliminary examination authority for international patent applications if it makes an agreement with the International Bureau. It must carry out those duties and collect handling fees, then send the fees to the International Bureau. The handling fee, the preliminary examination fee, and any extra fees for the preliminary exam must be paid by the deadline the Director sets.
Full Legal Text
Title 35, §362
Patents — Source: USLM XML via OLRC
(a)The Patent and Trademark Office may act as an International Searching Authority and International Preliminary Examining Authority with respect to international applications in accordance with the terms and conditions of an agreement which may be concluded with the International Bureau, and may discharge all duties required of such Authorities, including the collection of handling fees and their transmittal to the International Bureau.
(b)The handling fee, preliminary examination fee, and any additional fees due for international preliminary examination shall be paid within such time as may be fixed by the Director.
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—Pub. L. 99–616 inserted “and International Preliminary Examining Authority” in section catchline and amended text generally. Prior to amendment, text read as follows: “The Patent and Trademark Office may act as an International Searching Authority with respect to international applications in accordance with the terms and conditions of an agreement which may be concluded with the International Bureau.” 1984—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 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. § 362
Title 35 — Patents
Last Updated
Apr 5, 2026
Release point: 119-73not60