republic-os/legal/us/code/title-35/chapter-1/section-11.md

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LegalText	35 U.S.C. § 11	Exchange of copies of patents and applications with foreign countries	us	united_states_code	code_section	35	PATENTS	1	ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS	11	35 U.S.C. § 11	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc35@119-100.zip	/us/usc/t35/s11	data/legal/raw/us/code/title-35/usc35.xml	fb047b0d1e71838b8984e6e5249a2621c53b22403124effa2e2fc1ebcc0fd314	736cab508592dcf50013a1aed5ab108f72fd8493e76afc46848cdc35da38bbe3	c1a02afab2ea10051265ae6a00a4bd084aac36676c3d69228759f88ae6075fa6	2026-07-04	official	legal us-code

35 U.S.C. § 11 - Exchange of copies of patents and applications with foreign countries

Text

(a) In General.— The Director may exchange copies of specifications and drawings of United States patents and published applications for patents for those of foreign countries. The Director shall not enter into an agreement to provide such copies of specifications and drawings of United States patents and applications to a foreign country, other than a USMCA country or a WTO member country, without the express authorization of the Secretary of Commerce.

(b) Definitions.— In this section—

(1) the term “USMCA country” has the meaning given that term in section 3 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502); and

(2) the term “WTO member country” has the meaning given that term in section 2(10) of the Uruguay Round Agreements Act (19 U.S.C. 3501(10)).

(July 19, 1952, ch. 950, 66 Stat. 794, § 12; renumbered § 11 and amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4507(2), 4717(1), 4732(a)(10)(A), 4808], Nov. 29, 1999, 113 Stat. 1536, 1501A–565, 1501A–580, 1501A–582, 1501A–591; Pub. L. 107–273, div. C, title III, §§ 13205(2)(B), 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1903, 1906; Pub. L. 116–260, div. O, title VI, § 602(d), Dec. 27, 2020, 134 Stat. 2153.)

Notes

Historical and Revision NotesBased on Title 35, U.S.C., 1946 ed., §§ 15, and 78, part (Jan. 14, 1915, 38 Stat. 1221; Feb. 18, 1922, ch. 58, § 9, proviso in, 42 Stat. 393). The first act mentioned applies to Canada only, the second to any country; these are consolidated in one section, specific reference to one country not being necessary. Language is changed.

Editorial Notes

Prior ProvisionsA prior section 11 was renumbered section 10 of this title.

Amendments2020—Pub. L. 116–260 designated existing provisions as subsec. (a) and inserted heading, substituted “other than a USMCA country” for “other than a NAFTA country”, and substituted subsec. (b) for former third sentence which read as follows: “For purposes of this section, the terms ‘NAFTA country’ and ‘WTO member country’ have the meanings given those terms in section 104(b).” 2002—Pub. L. 107–273, § 13206(b)(1)(B), made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below. Pub. L. 107–273, § 13205(2)(B), made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(2)]. See 1999 Amendment note below. 1999—Pub. L. 106–113, § 1000(a)(9) [title IV, § 4808], inserted at end “The Director shall not enter into an agreement to provide such copies of specifications and drawings of United States patents and applications to a foreign country, other than a NAFTA country or a WTO member country, without the express authorization of the Secretary of Commerce. For purposes of this section, the terms ‘NAFTA country’ and ‘WTO member country’ have the meanings given those terms in section 104(b).” Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, § 13206(b)(1)(B), substituted “Director” for “Commissioner”. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)], renumbered section 12 of this title as this section. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(2)], as amended by Pub. L. 107–273, § 13205(2)(B), inserted “and applications” after “patents” in section catchline and “and published applications for patents” after “patents” in text.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 AmendmentAmendment by Pub. L. 116–260 effective July 1, 2020, see section 602(g) of div. O of Pub. L. 116–260, set out as a note under section 2578b of Title 19, Customs Duties.

Effective Date of 1999 AmendmentAmendment by section 1000(a)(9) [title IV, § 4507(2)] of Pub. L. 106–113 effective Nov. 29, 2000, and applicable only to applications (including international applications designating the United States) filed on or after that date, see section 1000(a)(9) [title IV, § 4508] of Pub. L. 106–113, as amended, set out as a note under section 10 of this title. Amendment by section 1000(a)(9) [title IV, §§ 4717(1), 4732(a)(10)(A)] of Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.