§ 362. — International Searching Authority and International Preliminary Examining Authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC362]
TITLE 35--PATENTS
PART IV--PATENT COOPERATION TREATY
CHAPTER 36--INTERNATIONAL STAGE
Sec. 362. International Searching Authority and International
Preliminary Examining Authority
(a) The Patent and Trademark Office may act as an International
Searching Authority and International Preliminary Examining Authority
with respect to international applications in accordance with the terms
and conditions of an agreement which may be concluded with the
International Bureau, and may discharge all duties required of such
Authorities, including the collection of handling fees and their
transmittal to the International Bureau.
(b) The handling fee, preliminary examination fee, and any
additional fees due for international preliminary examination shall be
paid within such 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, Sec. 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L.
99-616, Sec. 4, 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--Pub. L. 99-616 inserted ``and International Preliminary
Examining Authority'' in section catchline and amended text generally.
Prior to amendment, text read as follows: ``The Patent and Trademark
Office may act as an International Searching Authority with respect to
international applications in accordance with the terms and conditions
of an agreement which may be concluded with the International Bureau.''
1984--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
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 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.
Section Referred to in Other Sections
This section is referred to in section 376 of this title.
