35 USC § 373 - Improper applicant

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Current through Pub. L. 112-238. (See Public Laws for the current Congress.)

An international application designating the United States, shall not be accepted by the Patent and Trademark Office for the national stage if it was filed by anyone not qualified under chapter 11 to be an applicant for the purpose of filing a national application in the United States. Such international applications shall not serve as the basis for the benefit of an earlier filing date under section 120 in a subsequently filed application, but may serve as the basis for a claim of the right of priority under subsections (a) through (d) ofsection 119, if the United States was not the sole country designated in such international application.

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An international application designating the United States, shall not be accepted by the Patent and Trademark Office for the national stage if it was filed by anyone not qualified under chapter 11 of this title to be an applicant for the purpose of filing a national application in the United States. Such international applications shall not serve as the basis for the benefit of an earlier filing date under section 120 of this title in a subsequently filed application, but may serve as the basis for a claim of the right of priority under subsections (a) through (d) ofsection 119 of this title, if the United States was not the sole country designated in such international application.

Source

(Added Pub. L. 94–131, § 1,Nov. 14, 1975, 89 Stat. 689; amended Pub. L. 98–622, title IV, § 403(a),Nov. 8, 1984, 98 Stat. 3392; Pub. L. 103–465, title V, § 532(c)(5),Dec. 8, 1994, 108 Stat. 4987; Pub. L. 112–29, § 20(j),Sept. 16, 2011, 125 Stat. 335.)

Amendment of Section

Pub. L. 112–29, § 20(j), (l),Sept. 16, 2011, 125 Stat. 335, provided that, effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, this section is amended by striking “of this title” each place that term appears. See 2011 Amendment note below.

Amendments

2011—Pub. L. 112–29struck out “of this title” after “11”, after “120”, and after “119”.

1994—Pub. L. 103–465substituted “subsections (a) through (d) ofsection 119” for “section 119”.

1984—Pub. L. 98–622substituted “Patent and Trademark Office” for “Patent Office”.

Effective Date of 2011 Amendment

Amendment by Pub. L. 112–29effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) ofPub. L. 112–29, set out as a note under section 2 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–465effective 6 months after Dec. 8, 1994, and applicable to all patent applications filed in the United States on or after that effective date, with provisions relating to earliest filed patent application, see section 534(b)(1), (3) ofPub. L. 103–465, set out as a note under section 154 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.

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, February 6, 2013

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
§ 373	repealed	2012	112-274 [Sec.] 1(i)	126 Stat. 2457

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35 USC § 373 - Improper applicant

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