US Code

Public Law 119-87 (04/30/2026)

35 U.S.C. § 11

Exchange of copies of patents and applications with foreign countries

(a)

In General .—

The Director may exchange copies of specifications and drawings of United States patents and published applications for patents for those of foreign countries. The Director shall not enter into an agreement to provide such copies of specifications and drawings of United States patents and applications to a foreign country, other than a USMCA country or a WTO member country, without the express authorization of the Secretary of Commerce.
(b)

Definitions .—

In this section—
(1)
19 U.S.C. 4502 the term “USMCA country” has the meaning given that term in section 3 of the United States-Mexico-Canada Agreement Implementation Act (); and
(2)
19 U.S.C. 3501(10) the term “WTO member country” has the meaning given that term in section 2(10) of the Uruguay Round Agreements Act ().

July 19, 1952, ch. 950 66 Stat. 794 Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4507(2), 4717(1), 4732(a)(10)(A), 4808]113 Stat. 1536 Pub. L. 107–273, div. C, title III116 Stat. 1903 Pub. L. 116–260, div. O, title VI, § 602(d)134 Stat. 2153 (, , § 12; renumbered § 11 and amended , , , 1501A–565, 1501A–580, 1501A–582, 1501A–591; , §§ 13205(2)(B), 13206(b)(1)(B), , , 1906; , , .)

Historical and Revision Notes

38 Stat. 1221 Feb. 18, 1922, ch. 58, § 9 42 Stat. 393 Based on Title 35, U.S.C., 1946 ed., §§ 15, and 78, part (, ; , proviso in, ).

The first act mentioned applies to Canada only, the second to any country; these are consolidated in one section, specific reference to one country not being necessary.

Language is changed.

Editorial Notes

Prior Provisions

section 10 of this titleA prior section 11 was renumbered .

Amendments

Pub. L. 116–2602020— designated existing provisions as subsec. (a) and inserted heading, substituted “other than a USMCA country” for “other than a NAFTA country”, and substituted subsec. (b) for former third sentence which read as follows: “For purposes of this section, the terms ‘NAFTA country’ and ‘WTO member country’ have the meanings given those terms in section 104(b).”

Pub. L. 107–273, § 13206(b)(1)(B)Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]2002—, made technical correction to directory language of . See 1999 Amendment note below.

Pub. L. 107–273, § 13205(2)(B)Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(2)], made technical correction to directory language of . See 1999 Amendment note below.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4808]1999—, inserted at end “The Director shall not enter into an agreement to provide such copies of specifications and drawings of United States patents and applications to a foreign country, other than a NAFTA country or a WTO member country, without the express authorization of the Secretary of Commerce. For purposes of this section, the terms ‘NAFTA country’ and ‘WTO member country’ have the meanings given those terms in section 104(b).”

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]Pub. L. 107–273, § 13206(b)(1)(B), as amended by , substituted “Director” for “Commissioner”.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)]section 12 of this title, renumbered as this section.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(2)]Pub. L. 107–273, § 13205(2)(B), as amended by , inserted “and applications” after “patents” in section catchline and “and published applications for patents” after “patents” in text.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–260section 602(g) of div. O of Pub. L. 116–260section 2578b of Title 19Amendment by effective , see , set out as a note under , Customs Duties.

Effective Date of 1999 Amendment

Pub. L. 106–113Pub. L. 106–113section 10 of this titleAmendment by section 1000(a)(9) [title IV, § 4507(2)] of effective , and applicable only to applications (including international applications designating the United States) filed on or after that date, see section 1000(a)(9) [title IV, § 4508] of , as amended, set out as a note under .

Pub. L. 106–113Pub. L. 106–113section 1 of this titleAmendment by section 1000(a)(9) [title IV, §§ 4717(1), 4732(a)(10)(A)] of effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under .