
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 35USC367]

 
                            TITLE 35--PATENTS
 
                   PART IV--PATENT COOPERATION TREATY
 
                     CHAPTER 36--INTERNATIONAL STAGE
 
Sec. 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held such application to be withdrawn either generally or as to the 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States is considered withdrawn due to a finding by the International 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.

(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 687; amended Pub. 
L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 
106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)], Nov. 
29, 1999, 113 Stat. 1536, 1501A-582.)


                               Amendments

    1999--Subsec. (a). Pub. L. 106-113 substituted ``Director'' for 
``Commissioner''.
    1984--Subsec. (a). Pub. L. 98-622 substituted ``Patent and Trademark 
Office'' for ``Patent Office''.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, 
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out 
as a note under section 1 of this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-622 effective Nov. 8, 1984, see section 
406(a) of Pub. L. 98-622, set out as a note under section 351 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 366 of this title.
