§ 351. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC351]
TITLE 35--PATENTS
PART IV--PATENT COOPERATION TREATY
CHAPTER 35--DEFINITIONS
Sec. 351. Definitions
When used in this part unless the context otherwise indicates--
(a) The term ``treaty'' means the Patent Co- operation Treaty done
at Washington, on June 19, 1970.
(b) The term ``Regulations'', when capitalized, means the
Regulations under the treaty, done at Washington on the same date as the
treaty. The term ``regulations'', when not capitalized, means the
regulations established by the Director under this title.
(c) The term ``international application'' means an application
filed under the treaty.
(d) The term ``international application originating in the United
States'' means an international application filed in the Patent and
Trademark Office when it is acting as a Receiving Office under the
treaty, irrespective of whether or not the United States has been
designated in that international application.
(e) The term ``international application designating the United
States'' means an international application specifying the United States
as a country in which a patent is sought, regardless where such
international application is filed.
(f) The term ``Receiving Office'' means a national patent office or
intergovernmental organization which receives and processes
international applications as prescribed by the treaty and the
Regulations.
(g) The terms ``International Searching Authority'' and
``International Preliminary Examining Authority'' mean a national patent
office or intergovernmental organization as appointed under the treaty
which processes international applications as prescribed by the treaty
and the Regulations.
(h) The term ``International Bureau'' means the international
intergovernmental organization which is recognized as the coordinating
body under the treaty and the Regulations.
(i) Terms and expressions not defined in this part are to be taken
in the sense indicated by the treaty and the Regulations.
(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 685; amended Pub.
L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L.
99-616, Sec. 2(a)-(c), Nov. 6, 1986, 100 Stat. 3485; Pub. L. 106-113,
div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)], Nov. 29, 1999,
113 Stat. 1536, 1501A-582; Pub. L. 107-273, div. C, title III,
Sec. 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)
Amendments
2002--Subsec. (b). Pub. L. 107-273 made technical correction to
directory language of Pub. L. 106-113. See 1999 Amendment note below.
1999--Subsec. (b). Pub. L. 106-113, as amended by Pub. L. 107-273,
substituted ``Director'' for ``Commissioner''.
1986--Subsec. (a). Pub. L. 99-616, Sec. 2(a), struck out ``,
excluding chapter II thereof'' after ``June 19, 1970''.
Subsec. (b). Pub. L. 99-616, Sec. 2(b), struck out ``excluding part
C thereof'' after ``under the treaty''.
Subsec. (g). Pub. L. 99-616, Sec. 2(c), substituted ``The terms
`International Searching Authority' and `International Preliminary
Examining Authority' mean'' for ``The term `International Searching
Authority' means''.
1984--Subsec. (d). Pub. L. 98-622 substituted ``Patent and Trademark
Office'' for ``Patent Office''.
Effective Date of 1999 Amendment
Amendment by 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.
Effective Date of 1986 Amendment
Section 9 of Pub. L. 99-616 provided that: ``Sections 2 through 8 of
this Act [amending this section and sections 361, 362, 364, 368, 371,
and 376 of this title] shall come into force on the same day as the
effective date of entry into force of chapter II of the Patent
Cooperation Treaty with respect to the United States, by virtue of the
withdrawal of the declaration under article 64(1)(a) of the Patent
Cooperation Treaty. It shall apply to all international applications
pending before or after its effective date.''
[The Patent Cooperation Treaty became effective for the United
States on Jan. 24, 1978. The United States, however, was one of six
countries (out of the 40 countries who have ratified or acceded to the
Treaty) which had reservations not to be bound by Chapter II. The
document removing the reservation as to Chapter II was deposited with
the Director General of the World Intellectual Property Organization on
Apr. 1, 1987. Accordingly, Chapter II of the Treaty for the United
States of America and Pub. L. 99-616 became effective 3 months later on
July 1, 1987. See 52 F.R. 20038, 20041, May 28, 1987.]
Effective Date of 1984 Amendment
Section 406(a) of Pub. L. 98-622 provided that: ``Section 404 of
this Act [set out as a note under section 41 of this title] and the
amendments made by section 403 of this Act [amending this section and
sections 104, 361, 362, 363, 364, 365, 367, 368, 371, 372, 373, and 376
of this title] shall take effect on the date of the enactment of this
Act [Nov. 8, 1984].''
Effective Date
Section 11 of Pub. L. 94-131 provided that:
``(a) Section 1 of this Act [enacting this part] shall come into
force on the same day as the entry into force of the Patent Cooperation
Treaty with respect to the United States. It shall apply to
international and national applications filed on and after this
effective date, even though entitled to the benefit of an earlier filing
date, and to patents issued on such applications.
``(b) Sections 2 to 10 of this Act [amending sections 6, 41, 42,
102, 104, 112, 113, 120, and 282 of this title] shall take effect on the
same day as section 1 of this Act [enacting this part] and shall apply
to all applications for patent actually filed in the United States on
and after this effective date, as well as to international applications
where applicable.
``(c) Applications for patent on file in the Patent Office [now the
Patent and Trademark Office] on the effective date of this Act, and
patents issued on such applications, shall be governed by the provisions
of title 35, United States Code, in effect immediately prior to the
effective date of this Act.''
[The Patent Cooperation Treaty entered into force with respect to
the United States on Jan. 24, 1978, with the exception of Chapter II.]
Short Title of 1986 Amendment
Section 1 of Pub. L. 99-616 provided: ``That this Act [amending this
section and sections 361, 362, 364, 368, 371, and 376 of this title and
enacting provisions set out as a note above] may be cited as the `Act to
authorize the United States to participate in chapter II of the Patent
Cooperation Treaty'.''
Section Referred to in Other Sections
This section is referred to in sections 102, 154, 374 of this title.
