35 U.S.C. 351 — Definitions
Ninth Edition, Revision 01.2024
When used in this part unless the context otherwise indicates—
- (a) The term “treaty” means the Patent Cooperation Treaty done at Washington, on June 19, 1970.
- (b) The term “Regulations,” when capitalized, means the Regulations under the treaty, done at Washington on the same date as the treaty. The term “regulations,” when not capitalized, means the regulations established by the Director under this title.
- (c) The term “international application” means an application filed under the treaty.
- (d) The term “international application originating in the United States” means an international application filed in the Patent and Trademark Office when it is acting as a Receiving Office under the treaty, irrespective of whether or not the United States has been designated in that international application.
- (e) The term “international application designating the United States” means an international application specifying the United States as a country in which a patent is sought, regardless where such international application is filed.
- (f) The term “Receiving Office” means a national patent office or intergovernmental organization which receives and processes international applications as prescribed by the treaty and the Regulations.
- (g) The terms “International Searching Authority” and “International Preliminary Examining Authority” mean a national patent office or intergovernmental organization as appointed under the treaty which processes international applications as prescribed by the treaty and the Regulations.
- (h) The term “International Bureau” means the international intergovernmental organization which is recognized as the coordinating body under the treaty and the Regulations.
- (i) Terms and expressions not defined in this part are to be taken in the sense indicated by the treaty and the Regulations.
(Added Nov. 14, 1975, Public Law 94-131, sec. 1, 89 Stat. 685; amended Nov. 8, 1984, Public Law 98-622, sec. 403(a), 98 Stat. 3392; Nov. 6, 1986, Public Law 99-616, sec. 2 (a)-(c), 100 Stat. 3485; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)).)
Cited by
- 1504.02 Novelty
- 1802 PCT Definitions
- 1857 International Publication
- 211 Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e)
- 2120 Rejection on Prior Art
- 213.01 Recognized Countries and Regional Patent Offices of Foreign Filing
- 2136 Pre-AIA 35 U.S.C. 102(e)
- 2139.02 Determining Whether To Apply Pre-AIA 35 U.S.C. 102(a), (b), or (e)
- 2139.03 Form Paragraphs for Use in Rejections Under Pre-AIA 35 U.S.C. 102
- 2217 Statement Applying Prior Art in a Request Filed under 35 U.S.C. 302
- 2258 Scope of Ex Parte Reexamination
- 2920.05(d) Foreign Priority
- 2920.05(e) Benefit Claims Under 35 U.S.C. 386(c)
- 509.04 Micro Entity Status — Definitions
- 35 U.S.C. 41 Patent fees; patent and trademark search systems
- 35 U.S.C. 102 (pre-AIA) Conditions for patentability; novelty and loss of right to patent
- 35 U.S.C. 119 Benefit of earlier filing date; right of priority
- 35 U.S.C. 123 Micro entity defined
- 35 U.S.C. 154 Contents and term of patent; provisional rights
- 35 U.S.C. 374 Publication of international application
- 35 U.S.C. 374 (pre-AIA) Publication of international application
- 35 U.S.C. 386 Right of priority
- 37 CFR 1.401 Definitions of terms under the Patent Cooperation Treaty
- 37 CFR 1.415 The International Bureau