§367 — Title 35 Patents | U.S. Code

Summary

You can ask the Director to review your international patent application if a receiving office other than the U.S. Patent and Trademark Office refused to give it an international filing date or treated it as withdrawn, either generally or just for the United States, or if the International Bureau found it withdrawn under article 12(3) of the treaty. You must meet the treaty and Regulations’ rules and time limits for the request. The Director’s review can decide to treat the application as still pending in the U.S. national stage.

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filing date to an international application designating the United States or where it has held such application to be withdrawn either generally or as to the United States, the applicant may request review of the matter by the Director, on compliance with the requirements of and within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may also be requested in those instances where an international application designating the United States is considered withdrawn due to a finding by the International Bureau under article 12(3) of the treaty.

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.

§367 Actions of Other Authorities: Review

Summary

Title 35, §367

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata