35 U.S.C.A. § 371, 35 U.S.C.A. § 371
`
`United States Code Annotated - 2000
`35 U.S.C.A. § 371
`UNITED STATES CODE ANNOTATED
`TITLE 35. PATENTS
`PART IV—PATENT COOPERATION TREATY
`CHAPTER 37—NATIONAL STAGE
`
`§ 371. National stage: Commencement
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`(a) Receipt from the International Bureau of copies of international applications with any amendments to the claims,
`international search reports, and international preliminary examination reports including any annexes thereto may be required
`in the case of international applications designating or electing the United States.
`(b) Subject to subsection (f) of this section, the national stage shall commence with the expiration of the applicable time limit
`under article 22(1) or (2), or under article 39(1)(a) of the treaty.
`(c) The applicant shall file in the Patent and Trademark Office—
`
`(1) the national fee provided in section 41(a) of this title;
`
`(2) a copy of the international application, unless not required under subsection (a) of this section or already communicated by
`the International Bureau, and a translation into the English language of the international application, if it was filed in another
`language;
`
`(3) amendments, if any, to the claims in the international application, made under article 19 of the treaty, unless such
`amendments have been communicated to the Patent and Trademark Office by the International Bureau, and a translation into
`the English language if such amendments were made in another language;
`
`(4) an oath or declaration of the inventor (or other person authorized under chapter 11 of this title) complying with the
`requirements of section 115 of this title and with regulations prescribed for oaths or declarations of applicants;
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`(5) a translation into the English language of any annexes to the international preliminary examination report, if such annexes
`were made in another language.
`(d) The requirements with respect to the national fee referred to in subsection (c)(1), the translation referred to in subsection
`(c)(2), and the oath or declaration referred to in subsection (c)(4) of this section shall be complied with by the date of the
`commencement of the national stage or by such later time as may be fixed by the Director. The copy of the international
`application referred to in subsection (c)(2) shall be submitted by the date of the commencement of the national stage. Failure to
`comply with these requirements shall be regarded as abandonment of the application by the parties thereof, unless it be shown
`to the satisfaction of the Director that such failure to comply was unavoidable. The payment of a surcharge may be required as
`a condition of accepting the national fee referred to in subsection (c)(1) or the oath or declaration referred to in subsection (c)
`(4) of this section if these requirements are not met by the date of the commencement of the national stage. The requirements
`of subsection (c)(3) of this section shall be complied with by the date of the commencement of the national stage, and failure
`to do so shall be regarded as a cancellation of the amendments to the claims in the international application made under article
`19 of the treaty. The requirement of subsection (c)(5) shall be complied with at such time as may be fixed by the Director and
`failure to do so shall be regarded as cancellation of the amendments made under article 34(2)(b) of the treaty.
`(e) After an international application has entered the national stage, no patent may be granted or refused thereon before the
`expiration of the applicable time limit under article 28 or article 41 of the treaty, except with the express consent of the applicant.
`The applicant may present amendments to the specification, claims and drawings of the application after the national stage
`has commenced.
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`35 U.S.C.A. § 371, 35 U.S.C.A. § 371
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`(f) At the express request of the applicant, the national stage of processing may be commenced at any time at which the
`application is in order for such purpose and the applicable requirements of subsection (c) of this section have been complied with.
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`CREDIT(S)
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`1984 Main Volume
`
`(Added Pub.L. 94-131, § 1, Nov. 14, 1975, 89 Stat. 688.)
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`2006 Pocket Part Update
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`(As amended Pub.L. 98-622, Title IV, §§ 402(a) to (d), 403(a), Nov. 8, 1984, 98 Stat. 3391, 3392; Pub.L. 99-616, § 7, Nov. 6,
`1986, 100 Stat. 3486; Pub.L. 102-204, § 5(g)(2), Dec. 10, 1991, 105 Stat. 1641; Pub.L. 106-113, Div. B, § 1000(a)(9) [S. 1948,
`Title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1537-___.)
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`HISTORICAL AND STATUTORY NOTES
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`Pub.L. 106-113 [S. 1948, § 4732(a)(10)(A)], struck out “Commissioner” and inserted “Director” throughout the section.
`
`Subsec. (c)(1). Pub.L. 102-204 substituted “provided in section 41(a) of this title” for “prescribed under section 376(a)(4) of
`this part”.
`
`Subsec. (a). Pub.L. 99-616, § 7(a), substituted “Receipt from the International Bureau of copies of international applications
`with any amendments to the claims, international search reports, and international preliminary examination reports including
`any annexes thereto may be required in the case of international applications designating or electing the United States” for
`“Receipt from the International Bureau of copies of international applications with amendments to the claims, of any, and
`international search reports may be required in the case of all international applications designating the United States”.
`
`Subsec. (b). Pub.L. 99-616, § 7(b), added “or under article 39(1)(a)” following “or (2)”.
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`Subsec. (c)(4), (5). Pub.L. 99-616, § 7(c), (d), substituted a semicolon for a period at the end of par. (4) and added par. (5).
`
`Subsec. (d). Pub.L. 99-616, § 7(e), added “The requirement of subsection (c)(5) shall be complied with at such time as may
`be fixed by the Commissioner and failure to do so shall be regarded as cancellation of the amendments made under article
`34(2)(b) of the treaty”.
`
`Subsec. (e). Pub.L. 99-616, § 7(f), added “or article 41” following “28”.
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`35 U.S.C.A. § 371, 35 U.S.C.A. § 371
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`Subsec. (a). Pub.L. 98-622, § 402(a)(1) substituted “may be” for “is” before “required in the case”.
`
`Pub.L. 98-622, § 402(a)(2) struck out “, except those filed in the Patent Office” at the end thereof.
`
`Subsec. (b). Pub.L. 98-622 § 402(b) substituted a period for “, at which time the applicant shall have complied with the
`applicable requirements specified in subsection (c) of this section.”
`
`Subsec. (c). Pub.L. 98-622, § 403(a) substituted “Patent and Trademark Office” for “Patent Office”. See Change of Name
`note under this section.
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`Subsec. (c)(2). Pub.L. 98-622, § 402(c)(1) substituted “communicated by” for “received from” before “the International
`Bureau”.
`
`Pub.L. 98-622, § 402(c)(2) struck out “verified” before “translation”.
`
`Subsec. (d). Pub.L. 98-622, § 402(d) substituted provisions setting forth time periods for compliance with the requirements
`of subsec. (c), payments of surcharges and the effect of failure to comply with subsec. (c), for former provisions which related
`only to the effect of failure to comply with the requirements of subsec. (c).
`
`Pub.L. 98-622, § 403(a) substituted “Patent and Trademark Office” for “Patent Office”. See Change of Name note under this
`section.
`
`References to the Patent Office in subsecs. (a) and (c) deemed references to the Patent and Trademark Office pursuant to Pub.L.
`93-596, § 3, Jan. 2, 1975, 88 Stat. 1949, set out as a note under § 1 of this title.
`
`Amendment by Pub.L. 106-113 [S. 1948, § 4732(a)(10)(A)], effective 4 months after the date of enactment of this Act [Nov.
`29, 1999, which is the date of enactment of Pub.L. 106-113, 113 Stat. 1501, which in Div. B, § 1000(a)(9), enacted into law this
`Act as an Appendix], see Pub.L. 106-113 [S. 1948, § 4731], set out as a note under section 1 of this title.
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`35 U.S.C.A. § 371, 35 U.S.C.A. § 371
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`Amendment by Pub.L. 102-204 effective Dec. 10, 1991, except as otherwise provided, see section 13 of Pub.L. 102-204, set
`out as a note under section 41 of this title.
`
`Amendment by Pub.L. 99-616 to come into force on the same day as the effective date of entry into force of chapter II of the
`Patent Cooperation Treaty with respect to the United States, by virtue of the withdrawal of the declaration under article 64(1)(a)
`of the Patent Cooperation Treaty, such amendment to apply to all international applications pending before or after its effective
`date, see section 9 of Pub.L. 99-616, set out as a note under section 351 of this title.
`
`[The Patent Cooperation Treaty became effective for the United States on January 24, 1978. The United States, however, was
`one of six countries which had reservations not to be bound by Chapter II. The document removing the reservation as to Chapter
`II was deposited with the Director General of the World Intellectual Property Organization on April 1, 1987. Accordingly,
`Chapter II of the Treaty for the United States of America, Pub.L. 99-616 became effective 3 months later on July 1, 1987. See
`52 Federal Register 20040, May 28, 1987.]
`
`Amendment by section 403(a) of Pub.L. 98-622, effective on Nov. 8, 1984, see section 406(a) of Pub.L. 98-622, set out as an
`Effective Date of 1984 Amendment note under section 351 of this title.
`
`Amendment by section 402(a)-(d) of Pub.L. 98-622, effective six months after Nov. 8, 1984, see section 406(b) of Pub.L.
`98-622 set out as an Effective Date of 1984 Amendment note under section 3 of this title.
`
`Section effective Jan. 24, 1978, and applicable to international and national applications filed on and after that date, see § 11
`of Pub.L. 94-131, set out as a note under § 351 of this title.
`
`For legislative history and purpose of Pub.L. 94-131, see 1975 U.S. Code Cong. and Adm. News, p. 1220.
`
`For legislative history and purpose of Pub.L. 98-622, see 1984 U. S. Code Cong. and Adm. News, p. 5827. See, also, Pub.L.
`99-616, 1986 U.S. Code Cong. and Adm. News, p. 5911; Pub.L. 102-204, 1991 U.S. Code Cong. and Adm. News, p. 1320;
`Pub.L. 106-113, 1999 U.S. Code Cong. and Adm. News, p. 290.
`
`Conditions for patentability; loss of right to patent by description in international application, see 35 USCA § 102.
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`CROSS REFERENCES
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`35 U.S.C.A. § 371, 35 U.S.C.A. § 371
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`Designation of United States on withdrawn application to have no effect if withdrawn before compliance with provisions of
`this section, see 35 USCA § 366.
`
`FEDERAL PRACTICE AND PROCEDURE
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`Patents, Fed Proc, L Ed, §§ 60:5, 601-604, 616.
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`13A Fed Procedural Forms L Ed, Patents §§ 52:21, 465.
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`FEDERAL FORMS
`
`LIBRARY REFERENCES
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`89, 90, 91, 97 et seq.
`Patents
`Business and Commercial Litigation in Federal Courts § 65.15.
`
`C.J.S. Patents §§ 85, 86, 98, 99 to 101, 109.
`60 Am Jur 2d, Patents § 36.
`60 Am Jur 2d, Patents §§ 18, 117, 432, 862.
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`End of Document
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`© 2019 Thomson Reuters. No claim to original U.S. Government Works.
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