35 U.S.C. § 375 Patent Issued On International Application: Effect

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-30 (published on www.congress.gov on 12/21/2023)
• Year: 2023
• Citation: 35 U.S.C. § 375

(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.

Cite as 35 U.S.C. § 375

Source: Added Pub. L. 94-131, §1, Nov. 14, 1975, 89 Stat. 689; amended Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L. 107-273, div. C, title III, §13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112-29, §§3(g)(5), Sept. 16, 2011, 20, Sept. 16, 2011, 125 Stat. 288, 335.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

EDITORIAL NOTES

AMENDMENTS

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

Pub. L. 112-29, §3(g)(5), which directed substitution of "Such" for "Subject to section 102(e) of this title, 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 Pub. L. 112-29, §20(j). See note above and Effective Date of 2011 Amendment notes below.