§ 367. — Actions of other authorities: Review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC367]
TITLE 35--PATENTS
PART IV--PATENT COOPERATION TREATY
CHAPTER 36--INTERNATIONAL STAGE
Sec. 367. Actions of other authorities: Review
(a) Where a Receiving Office other than the Patent and Trademark
Office has refused to accord an international filing date to an
international application designating the United States or where it has
held such application to be withdrawn either generally or as to the
United States, the applicant may request review of the matter by the
Director, on compliance with the requirements of and within the time
limits specified by the treaty and the Regulations. Such review may
result in a determination that such application be considered as pending
in the national stage.
(b) The review under subsection (a) of this section, subject to the
same requirements and conditions, may also be requested in those
instances where an international application designating the United
States is considered withdrawn due to a finding by the International
Bureau under article 12(3) of the treaty.
(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 687; amended Pub.
L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98 Stat. 3392; 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. (a). Pub. L. 107-273 made technical correction to
directory language of Pub. L. 106-113. See 1999 Amendment note below.
1999--Subsec. (a). Pub. L. 106-113, as amended by Pub. L. 107-273,
substituted ``Director'' for ``Commissioner''.
1984--Subsec. (a). 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 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 366 of this title.
