US Code

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

35 U.S.C. § 367

Actions of other authorities: Review

(a)
Where a Receiving Office other than the Patent and Trademark Office has refused to accord an international filing date to an international application designating the United States or where it has held such application to be withdrawn either generally or as to the United States, the applicant may request review of the matter by the Director, on compliance with the requirements of and within the time limits specified by the treaty and the Regulations. Such review may result in a determination that such application be considered as pending in the national stage.
(b)
The review under subsection (a) of this section, subject to the same requirements and conditions, may also be requested in those instances where an international application designating the United States is considered withdrawn due to a finding by the International Bureau under article 12(3) of the treaty.

Pub. L. 94–131, § 189 Stat. 687Pub. L. 98–622, title IV, § 403(a)98 Stat. 3392Pub. 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. 1906(Added , , ; amended , , ; , , , 1501A–582; , , .)

Editorial Notes

Amendments

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

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

Pub. L. 98–6221984—Subsec. (a). substituted “Patent and Trademark Office” for “Patent Office”.

Statutory Notes and Related Subsidiaries

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 1984 Amendment

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 .