§ 375. — Patent issued on 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: 35USC375]
TITLE 35--PATENTS
PART IV--PATENT COOPERATION TREATY
CHAPTER 37--NATIONAL STAGE
Sec. 375. Patent issued on international application: Effect
(a) A patent may be issued by the Director based on an international
application designating the United States, in accordance with the
provisions of this title. Subject to section 102(e) of this title, such
patent shall have the force and effect of a patent issued on a national
application filed under the provisions of chapter 11 of this title.
(b) Where due to an incorrect translation the scope of a patent
granted on an international application designating the United States,
which was not originally filed in the English language, exceeds the
scope of the international application in its original language, a court
of competent jurisdiction may retroactively limit the scope of the
patent, by declaring it unenforceable to the extent that it exceeds the
scope of the international application in its original language.
(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. 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''.
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.
