35 U.S.C. § 104 : US Code - Section 104: Invention made abroad

Search 35 U.S.C. § 104 : US Code - Section 104: Invention made abroad

(a) In General. -
(1) Proceedings. - In proceedings in the Patent and Trademark
Office, in the courts, and before any other competent authority,
an applicant for a patent, or a patentee, may not establish a
date of invention by reference to knowledge or use thereof, or
other activity with respect thereto, in a foreign country other
than a NAFTA country or a WTO member country, except as provided
in sections 119 and 365 of this title.
(2) Rights. - If an invention was made by a person, civil or
military -
(A) while domiciled in the United States, and serving in any
other country in connection with operations by or on behalf of
the United States,
(B) while domiciled in a NAFTA country and serving in another
country in connection with operations by or on behalf of that
NAFTA country, or
(C) while domiciled in a WTO member country and serving in
another country in connection with operations by or on behalf
of that WTO member country,
that person shall be entitled to the same rights of priority in
the United States with respect to such invention as if such
invention had been made in the United States, that NAFTA country,
or that WTO member country, as the case may be.
(3) Use of information. - To the extent that any information in
a NAFTA country or a WTO member country concerning knowledge,
use, or other activity relevant to proving or disproving a date
of invention has not been made available for use in a proceeding
in the Patent and Trademark Office, a court, or any other
competent authority to the same extent as such information could
be made available in the United States, the Director, court, or
such other authority shall draw appropriate inferences, or take
other action permitted by statute, rule, or regulation, in favor
of the party that requested the information in the proceeding.
(b) Definitions. - As used in this section -
(1) the term "NAFTA country" has the meaning given that term in
section 2(4) of the North American Free Trade Agreement
Implementation Act; and
(2) the term "WTO member country" has the meaning given that
term in section 2(10) of the Uruguay Round Agreements Act.