US Code

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

35 U.S.C. § 368

Secrecy of certain inventions; filing international applications in foreign countries

(a)
International applications filed in the Patent and Trademark Office shall be subject to the provisions of chapter 17.
(b)
In accordance with article 27(8) of the treaty, the filing of an international application in a country other than the United States on the invention made in this country shall be considered to constitute the filing of an application in a foreign country within the meaning of chapter 17, whether or not the United States is designated in that international application.
(c)
If a license to file in a foreign country is refused or if an international application is ordered to be kept secret and a permit refused, the Patent and Trademark Office when acting as a Receiving Office, International Searching Authority, or International Preliminary Examining Authority, may not disclose the contents of such application to anyone not authorized to receive such disclosure.

Pub. L. 94–131, § 189 Stat. 687Pub. L. 98–622, title IV, § 403(a)98 Stat. 3392Pub. L. 99–616, § 6100 Stat. 3486Pub. L. 112–29, § 20(j)125 Stat. 335(Added , , ; amended , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 112–292011—Subsecs. (a), (b). struck out “of this title” after “17”.

Pub. L. 99–6161986—Subsec. (c). substituted a comma for “or” after “Receiving Office” and “International Preliminary Examining Authority” for “both”.

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

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 112–29lPub. L. 112–29section 2 of this titleAmendment by effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, see section 20() 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

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 .