Page:United States Statutes at Large Volume 89.djvu/748

 89 STAT. 688

PUBLIC LAW 94-131—NOV. 14, 1975 " (c) If a license to file in a foreign country is refused or if an international application is ordered to be kept secret and a permit refused, the Patent Office when acting as a Receiving Office or International Searching Authority, or both, may not disclose the contents of such application to anyone not authorized to receive such disclosure. "Chapter 37.—NATIONAL STAGE "Sec.

"371. "372. "373. "374. "375. "376.

35 USC 371.

35 USC 111 etseq, 35 USC 115.

National stage: Commencement. National stage: Requirements and procedure. Improper applicant. Publication of international application: Effect. Patent issued on international application: Effect. Fees.

"§37L National Stage: Commencement "(a) Receipt from the International Bureau of copies of international applications with amendments to the claims, if any, and international search reports is required in the case of all international applications designating the United States, except those filed in the Patent Office. "(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) of the treaty, at which time the applicant shall have complied with the applicable requirements specified in subsection (c) of this section. "(c) The applicant shall file in the Patent Office— "(1) the national fee prescribed under section 376(a)(4) of this part; " (2) a copy of the international application, unless not required under subsection (a) of this section or already received from the International Bureau, and a verified 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 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. "(d) Failure to comply with any of the requirements of subsection (c) of this section, within the time limit provided by article 22 (1) or (2) of the treaty shall result in abandonment of the international application. ''(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 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. "(f) At the express request of the applicant, the national stage of processing may be commenced at any time at which the application is ill order for such purpose and the applicable requirements of subsection (c) of this section have been complied with.

�