35 USC § 361 - Receiving Office

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(a) The Patent and Trademark Office shall act as a Receiving Office for international applications filed by nationals or residents of the United States. In accordance with any agreement made between the United States and another country, the Patent and Trademark Office may also act as a Receiving Office for international applications filed by residents or nationals of such country who are entitled to file international applications.

(b) The Patent and Trademark Office shall perform all acts connected with the discharge of duties required of a Receiving Office, including the collection of international fees and their transmittal to the International Bureau.

(d) The international fee, and the transmittal and search fees prescribed under section 376 (a) of this part, shall either be paid on filing of an international application or within such later time as may be fixed by the Director.

Source

(Added Pub. L. 94–131, § 1,Nov. 14, 1975, 89 Stat. 686; amended Pub. L. 98–622, title IV, §§ 401(a), 403(a),Nov. 8, 1984, 98 Stat. 3391, 3392; Pub. L. 99–616, § 2(d),Nov. 6, 1986, 100 Stat. 3485; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B),Nov. 2, 2002, 116 Stat. 1906.)

Amendments

2002—Subsec. (d). Pub. L. 107–273made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.

1999—Subsec. (d). Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.

1986—Subsec. (d). Pub. L. 99–616amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The basic fee portion of the international fee, and the transmittal and search fees prescribed under section 376 (a) of this part, shall be paid on filing of an international application or within one month after the date of such filing. Payment of designation fees may be made on filing and shall be made not later than one year from the priority date of the international application.”

1984—Subsecs. (a) to (c). Pub. L. 98–622, § 403(a), substituted “Patent and Trademark Office” for “Patent Office”.

Subsec. (d). Pub. L. 98–622, § 401(a), inserted “or within one month after the date of such filing” after “application”.

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113effective 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. 99–616effective July 1, 1987, and applicable to all international applications pending before or after that date, see section 9 ofPub. L. 99–616, set out as a note under section 351 of this title.

Effective Date of 1984 Amendment

Amendment by section 401(a) ofPub. L. 98–622effective six months after Nov. 8, 1984, see section 406(b) ofPub. L. 98–622, set out as a note under section 3 of this title.

Amendment by section 403(a) ofPub. L. 98–622effective Nov. 8, 1984, see section 406(a) ofPub. L. 98–622, set out as a note under section 351 of this title.

Effective Date

Chapter effective Jan. 24, 1978, and applicable to international and national applications filed on and after that date, see section 11 ofPub. L. 94–131, set out as a note under section 351 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, December 26, 2012

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

Multiple entries for a section are listed most recent first, within the section.

The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

Refer to the LRC (Law Revision Council) for explanations about the US Code from the folks who put it all together.

You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).

Refer to the Thomas site for changes that have not yet made it into the classification tables.

35 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 361		2012	112-211 [Sec.] 202(b)(7)	126 Stat. 1536

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35 USC § 361 - Receiving Office

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