§363. International application designating the United States: Effect

An international application designating the United States shall have the effect, from its international filing date under article 11 of the treaty, of a national application for patent regularly filed in the Patent and Trademark Office.

(Added Pub. L. 94–131, §1, Nov. 14, 1975, 89 Stat. 686 ; amended Pub. L. 98–622, title IV, §403(a), Nov. 8, 1984, 98 Stat. 3392 ; Pub. L. 112–29, §§3(g)(3), 20(j), Sept. 16, 2011, 125 Stat. 288 , 335.)

Editorial Notes

Amendments

2011-Pub. L. 112–29, §20(j), struck out "of this title" after "102(e)".

Pub. L. 112–29, §3(g)(3), which directed the striking out of "except as otherwise provided in section 102(e) of this title", was executed by striking out "except as otherwise provided in section 102(e)" before period at end, to reflect the probable intent of Congress, because the words "of this title" did not appear subsequent to amendment by Pub. L. 112–29, §20(j). See note above and Effective Date of 2011 Amendment notes below.

1984-Pub. L. 98–622 substituted "Patent and Trademark Office" for "Patent Office".

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by section 3(g)(3) 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 Provisions 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 1984 Amendment

Amendment 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.