§ 11. — Exchange of copies of patents and applications with foreign countries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC11]
TITLE 35--PATENTS
PART I--UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 1--ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
Sec. 11. Exchange of copies of patents and applications with
foreign countries
The Director may exchange copies of specifications and drawings of
United States patents and published applications for patents for those
of foreign countries. The Director shall not enter into an agreement to
provide such copies of specifications and drawings of United States
patents and applications to a foreign country, other than a NAFTA
country or a WTO member country, without the express authorization of
the Secretary of Commerce. For purposes of this section, the terms
``NAFTA country'' and ``WTO member country'' have the meanings given
those terms in section 104(b).
(July 19, 1952, ch. 950, 66 Stat. 794, Sec. 12; renumbered Sec. 11 and
amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Secs. 4507(2), 4717(1), 4732(a)(10)(A), 4808], Nov. 29, 1999, 113 Stat.
1536, 1501A-565, 1501A-580, 1501A-582, 1501A-591; Pub. L. 107-273, div.
C, title III, Secs. 13205(2)(B), 13206(b)(1)(B), Nov. 2, 2002, 116 Stat.
1903, 1906.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Secs. 15, and 78, part (Jan.
14, 1915, 38 Stat. 1221; Feb. 18, 1922, ch. 58, Sec. 9, proviso in, 42
Stat. 393).
The first act mentioned applies to Canada only, the second to any
country; these are consolidated in one section, specific reference to
one country not being necessary.
Language is changed.
Prior Provisions
A prior section 11 was renumbered section 10 of this title.
Amendments
2002--Pub. L. 107-273, Sec. 13206(b)(1)(B), made technical
correction to directory language of Pub. L. 106-113, Sec. 1000(a)(9)
[title IV, Sec. 4732(a)(10)(A)]. See 1999 Amendment note below.
Pub. L. 107-273, Sec. 13205(2)(B), made technical correction to
directory language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4507(2)]. See 1999 Amendment note below.
1999--Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4808],
inserted at end ``The Director shall not enter into an agreement to
provide such copies of specifications and drawings of United States
patents and applications to a foreign country, other than a NAFTA
country or a WTO member country, without the express authorization of
the Secretary of Commerce. For purposes of this section, the terms
`NAFTA country' and `WTO member country' have the meanings given those
terms in section 104(b).''
Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)], as
amended by Pub. L. 107-273, Sec. 13206(b)(1)(B), substituted
``Director'' for ``Commissioner''.
Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4717(1)],
renumbered section 12 of this title as this section.
Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4507(2)], as
amended by Pub. L. 107-273, Sec. 13205(2)(B), inserted ``and
applications'' after ``patents'' in section catchline and ``and
published applications for patents'' after ``patents'' in text.
Effective Date of 1999 Amendment
Amendment by section 1000(a)(9) [title IV, Sec. 4507(2)] of Pub. L.
106-113 effective Nov. 29, 2000, and applicable only to applications
(including international applications designating the United States)
filed on or after that date, see section 1000(a)(9) [title IV,
Sec. 4508] of Pub. L. 106-113, as amended, set out as a note under
section 10 of this title.
Amendment by section 1000(a)(9) [title IV, Secs. 4717(1),
4732(a)(10)(A)] of Pub. L. 106-113 effective 4 months after Nov. 29,
1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113,
set out as a note under section 1 of this title.
