Notes on 35 U.S.C. § 351 : US Code - Notes

Search Notes on 35 U.S.C. § 351 : US Code - Notes

(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 685; amended
Pub. L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98 Stat. 3392;
Pub. L. 99-616, Sec. 2(a)-(c), Nov. 6, 1986, 100 Stat. 3485; Pub.
L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.
4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L.
107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116
Stat. 1906.)
AMENDMENTS
2002 - Subsec. (b). Pub. L. 107-273 made technical correction to
directory language of Pub. L. 106-113. See 1999 Amendment note
below.
1999 - Subsec. (b). Pub. L. 106-113, as amended by Pub. L. 107-
273, substituted "Director" for "Commissioner".
1986 - Subsec. (a). Pub. L. 99-616, Sec. 2(a), struck out ",
excluding chapter II thereof" after "June 19, 1970".
Subsec. (b). Pub. L. 99-616, Sec. 2(b), struck out "excluding
part C thereof" after "under the treaty".
Subsec. (g). Pub. L. 99-616, Sec. 2(c), substituted "The terms
'International Searching Authority' and 'International Preliminary
Examining Authority' mean" for "The term 'International Searching
Authority' means".
1984 - Subsec. (d). Pub. L. 98-622 substituted "Patent and
Trademark Office" for "Patent Office".
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-
113, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 9 of Pub. L. 99-616 provided that: "Sections 2 through 8
of this Act [amending this section and sections 361, 362, 364, 368,
371, and 376 of this title] shall come into force on the same day
as the effective date of entry into force of chapter II of the
Patent Cooperation Treaty with respect to the United States, by
virtue of the withdrawal of the declaration under article 64(1)(a)
of the Patent Cooperation Treaty. It shall apply to all
international applications pending before or after its effective
date."
[The Patent Cooperation Treaty became effective for the United
States on Jan. 24, 1978. The United States, however, was one of six
countries (out of the 40 countries who have ratified or acceded to
the Treaty) which had reservations not to be bound by Chapter II.
The document removing the reservation as to Chapter II was
deposited with the Director General of the World Intellectual
Property Organization on Apr. 1, 1987. Accordingly, Chapter II of
the Treaty for the United States of America and Pub. L. 99-616
became effective 3 months later on July 1, 1987. See 52 F.R. 20038,
20041, May 28, 1987.]
EFFECTIVE DATE OF 1984 AMENDMENT
Section 406(a) of Pub. L. 98-622 provided that: "Section 404 of
this Act [set out as a note under section 41 of this title] and the
amendments made by section 403 of this Act [amending this section
and sections 104, 361, 362, 363, 364, 365, 367, 368, 371, 372, 373,
and 376 of this title] shall take effect on the date of the
enactment of this Act [Nov. 8, 1984]."
EFFECTIVE DATE
Section 11 of Pub. L. 94-131 provided that:
"(a) Section 1 of this Act [enacting this part] shall come into
force on the same day as the entry into force of the Patent
Cooperation Treaty with respect to the United States. It shall
apply to international and national applications filed on and after
this effective date, even though entitled to the benefit of an
earlier filing date, and to patents issued on such applications.
"(b) Sections 2 to 10 of this Act [amending sections 6, 41, 42,
102, 104, 112, 113, 120, and 282 of this title] shall take effect
on the same day as section 1 of this Act [enacting this part] and
shall apply to all applications for patent actually filed in the
United States on and after this effective date, as well as to
international applications where applicable.
"(c) Applications for patent on file in the Patent Office [now
the Patent and Trademark Office] on the effective date of this Act,
and patents issued on such applications, shall be governed by the
provisions of title 35, United States Code, in effect immediately
prior to the effective date of this Act."
[The Patent Cooperation Treaty entered into force with respect to
the United States on Jan. 24, 1978, with the exception of Chapter
II.]
SHORT TITLE OF 1986 AMENDMENT
Section 1 of Pub. L. 99-616 provided: "That this Act [amending
this section and sections 361, 362, 364, 368, 371, and 376 of this
title and enacting provisions set out as a note above] may be cited
as the 'Act to authorize the United States to participate in
chapter II of the Patent Cooperation Treaty'."