§ 372. — National stage: Requirements and procedure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC372]
TITLE 35--PATENTS
PART IV--PATENT COOPERATION TREATY
CHAPTER 37--NATIONAL STAGE
Sec. 372. National stage: Requirements and procedure
(a) All questions of substance and, within the scope of the
requirements of the treaty and Regulations, procedure in an
international application designating the United States shall be
determined as in the case of national applications regularly filed in
the Patent and Trademark Office.
(b) In case of international applications designating but not
originating in, the United States--
(1) the Director may cause to be reexamined questions relating
to form and contents of the application in accordance with the
requirements of the treaty and the Regulations;
(2) the Director may cause the question of unity of invention to
be reexamined under section 121 of this title, within the scope of
the requirements of the treaty and the Regulations; and
(3) the Director may require a verification of the translation
of the international application or any other document pertaining to
the application if the application or other document was filed in a
language other than English.
(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 689; amended Pub.
L. 98-622, title IV, Secs. 402(e), (f), 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. (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'' wherever appearing.
1984--Subsec. (a). Pub. L. 98-622, Sec. 403(a), substituted ``Patent
and Trademark Office'' for ``Patent Office''.
Subsec. (b)(3). Pub. L. 98-622, Sec. 402(e), added par. (3).
Subsec. (c). Pub. L. 98-622, Sec. 402(f), struck out subsec. (c)
which related to cancellation of claims and payment of special fees.
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 section 402(e), (f) 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.
