US Code

Public Law 119-83 (04/13/2026)

35 U.S.C. § 375

Patent issued on international application: Effect

(a)
A patent may be issued by the Director based on an international application designating the United States, in accordance with the provisions of this title. Such patent shall have the force and effect of a patent issued on a national application filed under the provisions of chapter 11.
(b)
Where due to an incorrect translation the scope of a patent granted on an international application designating the United States, which was not originally filed in the English language, exceeds the scope of the international application in its original language, a court of competent jurisdiction may retroactively limit the scope of the patent, by declaring it unenforceable to the extent that it exceeds the scope of the international application in its original language.

Pub. L. 94–131, § 189 Stat. 689 Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]113 Stat. 1536 Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)116 Stat. 1906 Pub. L. 112–29125 Stat. 288 (Added , , ; amended , , , 1501A–582; , , ; , §§ 3(g)(5), 20(j), , , 335.)

Editorial Notes

Amendments

Pub. L. 112–29, § 20(j)2011—Subsec. (a). , struck out “of this title” after “102(e)” and after “11”.

Pub. L. 112–29, § 3(g)(5)section 102(e) of this titlePub. L. 112–29, § 20(j), which directed substitution of “Such” for “Subject to , such”, was executed by making the substitution for “Subject to section 102(e), such”, to reflect the probable intent of Congress, because the words “of this title” did not appear after “section 102(e)” subsequent to amendment by . See note above and Effective Date of 2011 Amendment notes below.

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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

section 3(g)(5) of Pub. L. 112–29section 3(n) of Pub. L. 112–29section 100 of this titleAmendment by effective upon the expiration of the 18-month period beginning on , and applicable to certain applications for patent and any patents issuing thereon, see , set out as an Effective Date of 2011 Amendment; Savings Provisions note under .

section 20(j) of 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 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

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 .