`
`TREATY/PCT/21: [PCT] Declaration by the United States of America under Article 64(4)(a)
`
`PCT Notification No. 21
`Patent Cooperation Treaty (PCT)
`Declaration by the United States of America under Article 64(4)(a)
`
`The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the
`Minister for Foreign Affairs and has the honor to notify him of the receipt of a notification by the Government of
`the United States of America which draws attention to its declaration made under Article 64(4)(a) of the Patent
`Cooperation Treaty (PCT) done at Washington on June 19, 1970, at the time of the deposit, on
`November 26, 1975, of its instrument of ratification of the said Treaty, and informs the Director General,
`pursuant to Article 64(4)(a) of the said Treaty, of the following:
`
`"As the National Law of the United States of America does not equate, for prior art purposes, the priority
`date claimed under the Paris Convention for the protection of industrial property to the actual filing date in
`the United States of America, this country declares under Article 64(4)(a) of the Patent Cooperation Treaty,
`that the filing outside of the United States of America of an international application designating the United
`States of America, is not equated to an actual filing in the United States of America for prior art purposes.
`
`If an international application designating the United States of America has been internationally published
`under Article 21 of the Patent Cooperation Treaty, the prior art effect of the international application shall
`attach as of that date. If such international application was not internationally published, the prior art effect
`shall attach to it from the date on which a copy of such international application in the English language,
`together with the national filing fee and an oath or declaration of the inventor, was received by the Untied
`States Patent and Trademark Office."
`
`The declaration of the Government of the United States of America will take effect on May 10, 1978.
`
`March 17, 1978
`
`https://www.wipo.int/treaties/en/notifications/pct/treaty_pct_21.html
`
`1/1
`
`Petitioner Sirius XM Radio Inc. – Exhibit 1030, p. 1
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
`
`
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