§ 373. — Improper applicant.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC373]
TITLE 35--PATENTS
PART IV--PATENT COOPERATION TREATY
CHAPTER 37--NATIONAL STAGE
Sec. 373. Improper applicant
An international application designating the United States, shall
not be accepted by the Patent and Trademark Office for the national
stage if it was filed by anyone not qualified under chapter 11 of this
title to be an applicant for the purpose of filing a national
application in the United States. Such international applications shall
not serve as the basis for the benefit of an earlier filing date under
section 120 of this title in a subsequently filed application, but may
serve as the basis for a claim of the right of priority under
subsections (a) through (d) of section 119 of this title, if the United
States was not the sole country designated in such international
application.
(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 689; amended Pub.
L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L.
103-465, title V, Sec. 532(c)(5), Dec. 8, 1994, 108 Stat. 4987.)
Amendments
1994--Pub. L. 103-465 substituted ``subsections (a) through (d) of
section 119'' for ``section 119''.
1984--Pub. L. 98-622 substituted ``Patent and Trademark Office'' for
``Patent Office''.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-465 effective 6 months after Dec. 8, 1994,
and applicable to all patent applications filed in the United States on
or after that effective date, with provisions relating to earliest filed
patent application, see section 534(b)(1), (3) of Pub. L. 103-465, set
out as a note under section 154 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.
