35 USC 364 - International stage: Procedure

Editorial Notes

Amendments

2012—Subsec. (span). Puspan. L. 112–211 added subsec. (span) and struck out former subsec. (span) which read as follows: “An applicant’s failure to act within prescribed time limits in connection with requirements pertaining to a pending international application may be excused upon a showing satisfactory to the Director of unavoidable delay, to the extent not precluded by the treaty and the Regulations, and provided the conditions imposed by the treaty and the Regulations regarding the excuse of such failure to act are complied with.”

2002—Subsec. (span). Puspan. L. 107–273 made technical correction to directory language of Puspan. L. 106–113. See 1999 Amendment note below.

1999—Subsec. (span). Puspan. L. 106–113, as amended by Puspan. L. 107–273, substituted “Director” for “Commissioner”.

1986—Subsec. (a). Puspan. L. 99–616 substituted a comma for “or” before “International Searching Authority” and “International Preliminary Examining Authority” for “both”.

1984—Subsec. (a). Puspan. L. 98–622 substituted “Patent and Trademark Office” for “Patent Office”.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see section 203 of Puspan. L. 112–211, set out as an Effective Date note under section 27 of this title.

Effective Date of 1999 Amendment

Amendment by Puspan. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Puspan. L. 106–113, set out as a note under section 1 of this title.

Effective Date of 1986 Amendment

Amendment by Puspan. L. 99–616 effective July 1, 1987, and applicable to all international applications pending before or after that date, see section 9 of Puspan. L. 99–616, set out as a note under section 351 of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–622 effective Nov. 8, 1984, see section 406(a) of Puspan. 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 Puspan. L. 94–131, set out as a note under section 351 of this title.