35 U.S. Code § 364 - International stage: Procedure

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(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 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.

Source

(Added Pub. L. 94–131, § 1,Nov. 14, 1975, 89 Stat. 686; amended Pub. L. 98–622, title IV, § 403(a),Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, § 5,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; Pub. L. 112–211, title II, § 202(b)(8),Dec. 18, 2012, 126 Stat. 1536.)
Amendment of Section

Pub. L. 112–211, title II, §§ 202(b)(8), 203,Dec. 18, 2012, 126 Stat. 1536, provided that, 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, this section is amended by striking subsection (b) and inserting the following:
(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.
See 2012 Amendment note below.
Amendments

2012—Subsec. (b). Pub. L. 112–211added 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. 107–273made 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. 99–616substituted a comma for “or” before “International Searching Authority” and “International Preliminary Examining Authority” for “both”.
1984—Subsec. (a). Pub. L. 98–622substituted “Patent and Trademark Office” for “Patent Office”.
Effective Date of 2012 Amendment

Amendment by Pub. L. 112–211effective 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 ofPub. 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. 106–113effective 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 Pub. 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.

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35 USCDescription of ChangeSession YearPublic LawStatutes at Large
§ 3642012112-211 [Sec.] 202(b)(8)126 Stat. 1536

 

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