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Title 35 — PatentsRelease 119-73not60

§368 Secrecy of Certain Inventions; Filing International Applications in Foreign Countries

Title 35 › Part IV— PATENT COOPERATION TREATY › Chapter 36— INTERNATIONAL STAGE › § 368

Last updated Apr 5, 2026|Official source

Summary

International applications at the Patent and Trademark Office must follow chapter 17. Under article 27(8), filing an international application in another country for an invention made in the United States counts as a foreign filing under chapter 17, even if the United States isn’t named. If a license to file abroad is refused or an international application is ordered secret and a permit refused, the Patent and Trademark Office, in those international roles, must not disclose the application’s contents to anyone not authorized to see them.

Full Legal Text

Title 35, §368

Patents — Source: USLM XML via OLRC

(a)International applications filed in the Patent and Trademark Office shall be subject to the provisions of chapter 17.
(b)In accordance with article 27(8) of the treaty, the filing of an international application in a country other than the United States on the invention made in this country shall be considered to constitute the filing of an application in a foreign country within the meaning of chapter 17, whether or not the United States is designated in that international application.
(c)If a license to file in a foreign country is refused or if an international application is ordered to be kept secret and a permit refused, the Patent and Trademark Office when acting as a Receiving Office, International Searching Authority, or International Preliminary Examining Authority, may not disclose the contents of such application to anyone not authorized to receive such disclosure.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Subsecs. (a), (b). Pub. L. 112–29 struck out “of this title” after “17”. 1986—Subsec. (c). Pub. L. 99–616 substituted a comma for “or” after “Receiving Office” and “International Preliminary Examining Authority” for “both”. 1984—Subsecs. (a), (c). Pub. L. 98–622 substituted “Patent and Trademark Office” for “Patent Office”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2011 AmendmentAmendment by 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 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. § 368

Title 35 — Patents

Last Updated

Apr 5, 2026

Release point: 119-73not60