
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: 35USC375]

 
                            TITLE 35--PATENTS
 
                   PART IV--PATENT COOPERATION TREATY
 
                       CHAPTER 37--NATIONAL STAGE
 
Sec. 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. Subject to section 102(e) 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 of this title.
    (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.

(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 689; amended 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''.


                    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.
