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LegalText 35 U.S.C. § 361 Receiving Office us united_states_code code_section 35 PATENTS 36 INTERNATIONAL STAGE 361 35 U.S.C. § 361 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/s361 data/legal/raw/us/code/title-35/usc35.xml 6c964755e6c9c2cc7a20663adeb99f508d56a8c3bd26ee3375d41e9f180e5f47 736cab508592dcf50013a1aed5ab108f72fd8493e76afc46848cdc35da38bbe3 57431409b2fa35f940b9159c2098ab68143c14029f24de8d8a1dd752e354ad15 2026-07-04 official
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35 U.S.C. § 361 - Receiving Office

Text

(a) The Patent and Trademark Office shall act as a Receiving Office for international applications filed by nationals or residents of the United States. In accordance with any agreement made between the United States and another country, the Patent and Trademark Office may also act as a Receiving Office for international applications filed by residents or nationals of such country who are entitled to file international applications.

(b) The Patent and Trademark Office shall perform all acts connected with the discharge of duties required of a Receiving Office, including the collection of international fees and their transmittal to the International Bureau.

(c) International applications filed in the Patent and Trademark Office shall be filed in the English language, or an English translation shall be filed within such later time as may be fixed by the Director.

(d) The international fee, and the transmittal and search fees prescribed under section 376(a) of this part, shall either be paid on filing of an international application or within such later time as may be fixed by the Director.

(Added Pub. L. 94131, § 1, Nov. 14, 1975, 89 Stat. 686; amended Pub. L. 98622, title IV, §§ 401(a), 403(a), Nov. 8, 1984, 98 Stat. 3391, 3392; Pub. L. 99616, § 2(d), Nov. 6, 1986, 100 Stat. 3485; Pub. L. 106113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A582; Pub. L. 107273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112211, title II, § 202(b)(7), Dec. 18, 2012, 126 Stat. 1536.)

Notes

Editorial Notes

Amendments2012—Subsec. (c). Pub. L. 112211 added subsec. (c) and struck out former subsec. (c) which read as follows: “International applications filed in the Patent and Trademark Office shall be in the English language.” 2002—Subsec. (d). Pub. L. 107273 made technical correction to directory language of Pub. L. 106113. See 1999 Amendment note below. 1999—Subsec. (d). Pub. L. 106113, as amended by Pub. L. 107273, substituted “Director” for “Commissioner”. 1986—Subsec. (d). Pub. L. 99616 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The basic fee portion of the international fee, and the transmittal and search fees prescribed under section 376(a) of this part, shall be paid on filing of an international application or within one month after the date of such filing. Payment of designation fees may be made on filing and shall be made not later than one year from the priority date of the international application.” 1984—Subsecs. (a) to (c). Pub. L. 98622, § 403(a), substituted “Patent and Trademark Office” for “Patent Office”. Subsec. (d). Pub. L. 98622, § 401(a), inserted “or within one month after the date of such filing” after “application”.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 AmendmentAmendment by Pub. L. 112211 effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see section 203 of Pub. L. 112211, set out as an Effective Date note under section 27 of this title.

Effective Date of 1999 AmendmentAmendment by Pub. L. 106113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106113, set out as a note under section 1 of this title.

Effective Date of 1986 AmendmentAmendment by Pub. L. 99616 effective July 1, 1987, and applicable to all international applications pending before or after that date, see section 9 of Pub. L. 99616, set out as a note under section 351 of this title.

Effective Date of 1984 AmendmentAmendment by section 401(a) of Pub. L. 98622 effective six months after Nov. 8, 1984, see section 406(b) of Pub. L. 98622, set out as a note under section 3 of this title. Amendment by section 403(a) of Pub. L. 98622 effective Nov. 8, 1984, see section 406(a) of Pub. L. 98622, set out as a note under section 351 of this title.

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. 94131, set out as a note under section 351 of this title.