§ 374. — Publication of international application: Effect.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC374]
TITLE 35--PATENTS
PART IV--PATENT COOPERATION TREATY
CHAPTER 37--NATIONAL STAGE
Sec. 374. Publication of international application
The publication under the treaty defined in section 351(a) of this
title, of an international application designating the United States
shall be deemed a publication under section 122(b), except as provided
in sections 102(e) and 154(d) of this title.
(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 689; amended Pub.
L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4507(10)], Nov. 29,
1999, 113 Stat. 1536, 1501A-566; Pub. L. 107-273, div. C, title III,
Sec. 13205(2)(E), Nov. 2, 2002, 116 Stat. 1903.)
Amendments
2002--Pub. L. 107-273 amended Pub. L. 106-113, Sec. 1000(a)(9)
[title IV, Sec. 4507(10)], see 1999 Amendment note below. Prior to being
amended by Pub. L. 107-273, Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4507(10)], had amended this section to read as follows: ``The
publication under the treaty defined in section 351(a) of this title, of
an international application designating the United States shall confer
the same rights and shall have the same effect under this title as an
application for patent published under section 122(b), except as
provided in sections 102(e) and 154(d) of this title.''
1999--Pub. L. 106-113, as amended by Pub. L. 107-273, amended
section catchline and text generally. Prior to amendment, text read as
follows: ``The publication under the treaty of an international
application shall confer no rights and shall have no effect under this
title other than that of a printed publication.''
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-113 effective Nov. 29, 2000, and applicable
only to applications (including international applications designating
the United States) filed on or after that date, see section 1000(a)(9)
[title IV, Sec. 4508] of Pub. L. 106-113, as amended, set out as a note
under section 10 of this title.
