35 U.S.C. 361 — Receiving Office
Ninth Edition, Revision 01.2024
- (a) The Patent and Trademark 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 and Trademark 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 and Trademark 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 and Trademark Office shall be filed in the English language, or an English translation shall be filed within such later time as may be fixed by the Director.
- (d) The international fee, and the transmittal and search fees prescribed under section 376(a) of this part, shall either be paid on filing of an international application or within such later time as may be fixed by the Director.
(Added Nov. 14, 1975, Public Law 94-131, sec. 1, 89 Stat. 686; amended Nov. 8, 1984, Public Law 98-622, sec. 401(a), 403(a), 98 Stat. 3391-3392; Nov. 6, 1986, Public Law 99-616, sec. 2(d), 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))); subsection (c) amended Dec. 18, 2012, Public Law 112-211, sec. 202(b)(7), 126 Stat. 1536.)
Cited authority
Cited by
- 120 Secrecy Orders
- 140 Foreign Filing Licenses
- 1801 Basic Patent Cooperation Treaty (PCT) Principles
- 1803 Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America
- 1805 Where To File an International Application
- 1810 Filing Date Requirements
- 1862 Agreement With the International Bureau To Serve as an International Preliminary Examining Authority
- 502.05 Correspondence Transmitted by EFS-Web
- 35 U.S.C. 376 Fees
- 37 CFR 1.431 International application requirements
- 37 CFR 1.431 (pre-AIA) International application requirements
- 37 CFR 1.445 International application filing, processing and search fees
- 37 CFR 5.1 Applications and correspondence involving national security
- 37 CFR 5.11 License for filing in, or exporting to, a foreign country an application on an invention made in the United States or technical data relating thereto