Page:United States Statutes at Large Volume 89.djvu/746

 89 STAT. 686

PUBLIC LAW 94-131—NOV. 14, 1975 "Chapter 36.—INTERNATIONAL STAGE "Sec. "361. "362. "363. "364. "365. "366. "367. "368.

35 USC 361.

pose, p. 690.

35 USC 362.

35 USC 363.

Post, p. 691. 35 USC 364.

35 USC 365. 35 USC 119.

Receiving Office. International Searching Authority. International application designating the United States: Effect. International stage: Procedure. Right of priority; benefit of the filing date of a prior application. Withdrawn international application. Actions of other authorities: Review. Secrecy of certain inventions; filing international applications in foreign countries.

"§ 3M. Receiving Office "(a) The Patent 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 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 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. " (c) International applications filed in the Patent Office shall be in the English language. "(d) 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. 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. "§362. International Searching Authority "The Patent Office may act as an International Searching Authority with respect to international applications in accordance with the terms and conditions of an agreement which may be concluded with the International Bureau. "§ 363. International application designating the United States: Effect "An international application designating the United States shall have the effect, from its international filing date under article 11 of the treaty, of a national application for patent regularly filed in the Patent Office except as otherwise provided in section 102(e) of this title. '*§ 364. International stage: Procedure "(a) International applications shall be processed by the Patent Office when acting as a Receiving Office or International Searching Authority, or both, 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 Commissioner 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. "§365. Right of priority; benefit of the filing date of a prior application " (a) In accordance with the conditions and requirements of section 119 of this title, a national application shall be entitled to the right of

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