United States Code (Last Updated: May 24, 2014) |
Title 35. PATENTS |
Part IV. PATENT COOPERATION TREATY |
Chapter 37. NATIONAL STAGE |
§ 374. Publication of international application
-
The publication under the treaty defined in section 351(a), of an international application designating the United States shall be deemed a publication under section 122(b), except as provided in section 154(d).
Amendments
2011—Pub. L. 112–29, § 20(j), struck out “of this title” after “351(a)” and after “and 154(d)”.
Pub. L. 112–29, § 3(g)(4), substituted “section 154(d)” for “sections 102(e) and 154(d)”.
2002—Pub. L. 107–273 amended Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(10)], see 1999 Amendment note below. Prior to being amended by Pub. L. 107–273, Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(10)], had amended this section to read as follows: “The publication under the treaty defined in section 351(a) of this title, of an international application designating the United States shall confer the same rights and shall have the same effect under this title as an application for patent published under section 122(b), except as provided in sections 102(e) and 154(d) of this title.”
1999—Pub. L. 106–113, as amended by Pub. L. 107–273, amended section catchline and text generally. Prior to amendment, text read as follows: “The publication under the treaty of an international application shall confer no rights and shall have no effect under this title other than that of a printed publication.”
Effective Date Of Amendment
Amendment by section 3(g)(4) of Pub. L. 112–29 effective upon the expiration of the 18-month period beginning on
Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on
Amendment by Pub. L. 106–113 effective