US Code

Public Law 119-73 (01/23/2026)

35 U.S.C. § 361

Receiving Office

(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.

Pub. L. 94–131, § 189 Stat. 686Pub. L. 98–622, title IV98 Stat. 3391Pub. L. 99–616, § 2(d)100 Stat. 3485Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]113 Stat. 1536Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)116 Stat. 1906Pub. L. 112–211, title II, § 202(b)(7)126 Stat. 1536(Added , , ; amended , §§ 401(a), 403(a), , , 3392; , , ; , , , 1501A–582; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 112–2112012—Subsec. (c). added subsec. (c) and struck out former subsec. (c) which read as follows: “International applications filed in the Patent and Trademark Office shall be in the English language.”

Pub. L. 107–273Pub. L. 106–1132002—Subsec. (d). made technical correction to directory language of . See 1999 Amendment note below.

Pub. L. 106–113Pub. L. 107–2731999—Subsec. (d). , as amended by , substituted “Director” for “Commissioner”.

Pub. L. 99–6161986—Subsec. (d). amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The basic fee portion of the international fee, and the transmittal and search fees prescribed under section 376(a) of this part, shall be paid on filing of an international application or within one month after the date of such filing. Payment of designation fees may be made on filing and shall be made not later than one year from the priority date of the international application.”

Pub. L. 98–622, § 403(a)1984—Subsecs. (a) to (c). , substituted “Patent and Trademark Office” for “Patent Office”.

Pub. L. 98–622, § 401(a)Subsec. (d). , inserted “or within one month after the date of such filing” after “application”.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–211section 203 of Pub. L. 112–211section 27 of this titleAmendment by effective on the date that is 1 year after , applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see , set out as an Effective Date note under .

Effective Date of 1999 Amendment

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

Effective Date of 1986 Amendment

Pub. L. 99–616section 9 of Pub. L. 99–616section 351 of this titleAmendment by effective , and applicable to all international applications pending before or after that date, see , set out as a note under .

Effective Date of 1984 Amendment

section 401(a) of Pub. L. 98–622section 406(b) of Pub. L. 98–622section 3 of this titleAmendment by effective six months after , see , set out as a note under .

section 403(a) of Pub. L. 98–622section 406(a) of Pub. L. 98–622section 351 of this titleAmendment by effective , see , set out as a note under .

Effective Date

section 11 of Pub. L. 94–131section 351 of this titleSection effective , and applicable to international and national applications filed on and after that date, see , set out as a note under .