Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
56 lines
3.6 KiB
Markdown
56 lines
3.6 KiB
Markdown
---
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type: "LegalText"
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title: "35 U.S.C. § 368"
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description: "Secrecy of certain inventions; filing international applications in foreign countries"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 35
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title_name: "PATENTS"
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chapter_number: "36"
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chapter_name: "INTERNATIONAL STAGE"
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section: "368"
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citation: "35 U.S.C. § 368"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc35@119-100.zip"
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source_identifier: "/us/usc/t35/s368"
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source_file: "data/legal/raw/us/code/title-35/usc35.xml"
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source_hash: "158e0f6056da5900c01287e53b6845107e94e4948f3e2981337478b0ba3cafb6"
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raw_snapshot_hash: "736cab508592dcf50013a1aed5ab108f72fd8493e76afc46848cdc35da38bbe3"
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text_hash: "17bca387956a0628963f1f58e2a6f83829e1819aa778b4ffcff9c15d480636f8"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 35 U.S.C. § 368 - Secrecy of certain inventions; filing international applications in foreign countries
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## Text
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(a) International applications filed in the Patent and Trademark Office shall be subject to the provisions of chapter 17.
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(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.
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(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.
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(Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 687; amended Pub. L. 98–622, title IV, § 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, § 6, Nov. 6, 1986, 100 Stat. 3486; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)
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## Notes
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Editorial Notes
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Amendments2011—Subsecs. (a), (b). Pub. L. 112–29 struck out “of this title” after “17”. 1986—Subsec. (c). Pub. L. 99–616 substituted a comma for “or” after “Receiving Office” and “International Preliminary Examining Authority” for “both”. 1984—Subsecs. (a), (c). Pub. L. 98–622 substituted “Patent and Trademark Office” for “Patent Office”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2011 AmendmentAmendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.
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Effective Date of 1986 AmendmentAmendment by Pub. L. 99–616 effective July 1, 1987, and applicable to all international applications pending before or after that date, see section 9 of Pub. L. 99–616, set out as a note under section 351 of this title.
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Effective Date of 1984 AmendmentAmendment 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.
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Effective DateSection effective Jan. 24, 1978, and applicable to international and national applications filed on and after that date, see section 11 of Pub. L. 94–131, set out as a note under section 351 of this title.
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