§ 361. — Receiving Office.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC361]
TITLE 35--PATENTS
PART IV--PATENT COOPERATION TREATY
CHAPTER 36--INTERNATIONAL STAGE
Sec. 361. Receiving Office
(a) The Patent and Trademark Office shall act as a Receiving Office
for international applications filed by nationals or residents of the
United States. In accordance with any agreement made between the United
States and another country, the Patent and Trademark Office may also act
as a Receiving Office for international applications filed by residents
or nationals of such country who are entitled to file international
applications.
(b) The Patent and Trademark Office shall perform all acts connected
with the discharge of duties required of a Receiving Office, including
the collection of international fees and their transmittal to the
International Bureau.
(c) International applications filed in the Patent and Trademark
Office shall be in the English language.
(d) The international fee, and the transmittal and search fees
prescribed under section 376(a) of this part, shall either be paid on
filing of an international application or within such later time as may
be fixed by the Director.
(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 686; amended Pub.
L. 98-622, title IV, Secs. 401(a), 403(a), Nov. 8, 1984, 98 Stat. 3391,
3392; Pub. L. 99-616, Sec. 2(d), 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. (d). Pub. L. 107-273 made technical correction to
directory language of Pub. L. 106-113. See 1999 Amendment note below.
1999--Subsec. (d). Pub. L. 106-113, as amended by Pub. L. 107-273,
substituted ``Director'' for ``Commissioner''.
1986--Subsec. (d). Pub. L. 99-616 amended subsec. (d) generally.
Prior to amendment, subsec. (d) read as follows: ``The basic fee portion
of the international fee, and the transmittal and search fees prescribed
under section 376(a) of this part, shall be paid on filing of an
international application or within one month after the date of such
filing. Payment of designation fees may be made on filing and shall be
made not later than one year from the priority date of the international
application.''
1984--Subsecs. (a) to (c). Pub. L. 98-622, Sec. 403(a), substituted
``Patent and Trademark Office'' for ``Patent Office''.
Subsec. (d). Pub. L. 98-622, Sec. 401(a), inserted ``or within one
month after the date of such filing'' after ``application''.
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
Amendment 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 Amendment
Amendment by section 401(a) of Pub. L. 98-622 effective six months
after Nov. 8, 1984, see section 406(b) of Pub. L. 98-622, set out as a
note under section 3 of this title.
Amendment by section 403(a) of 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
Chapter 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.
Section Referred to in Other Sections
This section is referred to in section 376 of this title.
