35 U.S.C. § 364
Section 364 · International stage: Procedure
Amended 6 times on record
Applied in 2 court decisions — leading case Helfgott & Karas, P.C. v. Dickenson (2000)
Most recently applied in Helfgott & Karas, P.C., and Dov Sheffer and R.S.R. Adtec Ltd. v. Q. Todd Dickenson, Director of the United States Patent and Trademark Office (April 2000)
(a) International applications shall be processed by the Patent and Trademark Office when acting as a Receiving Office, International Searching Authority, or International Preliminary Examining Authority, in accordance with the applicable provisions of the treaty, the Regulations, and this title.
(b) An applicant's failure to act within prescribed time limits in connection with requirements pertaining to an international application may be excused as provided in the treaty and the Regulations.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
2012—Subsec. (b). Pub. L. 112–211 added subsec. (b) and struck out former subsec. (b) which read as follows: "An applicant's failure to act within prescribed time limits in connection with requirements pertaining to a pending international application may be excused upon a showing satisfactory to the Director of unavoidable delay, to the extent not precluded by the treaty and the Regulations, and provided the conditions imposed by the treaty and the Regulations regarding the excuse of such failure to act are complied with."
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".
1986—Subsec. (a). Pub. L. 99–616 substituted a comma for "or" before "International Searching Authority" and "International Preliminary Examining Authority" for "both".
1984—Subsec. (a). Pub. L. 98–622 substituted "Patent and Trademark Office" for "Patent Office".
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see section 203 of Pub. L. 112–211, set out as an Effective Date note under section 27 of this title.
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, §4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–616 effective July 1, 1987, and applicable to all international applications pending before or after that date, see section 9 of Pub. L. 99–616, set out as a note under section 351 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.