35 U.S.C. § 11 — Exchange of copies of patents and applications (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 11 Exchange of copies of patents and applications
This page consolidates MPEP guidance interpreting 35 U.S.C. § 11, including 1 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
Section 11(h) of the Leahy-Smith America Invents Act provides a process for prioritized examination upon payment of appropriate fees and compliance with specific requirements.
What this section covers
- This section covers the process for requesting prioritized examination upon payment of fees.
- It provides guidance on the requirements and procedures for obtaining expedited examination of patent applications.
Key obligations
- Practitioners must pay the appropriate fees to request prioritized examination.
- Compliance with the requirements of Section 11(h) of the Leahy-Smith America Invents Act is necessary for prioritized examination.
- Applicants must ensure their application meets the criteria for expedited examination as outlined in MPEP § 708.02(b).
Practice notes
- Practitioners should carefully review the MPEP for any specific requirements or exceptions related to prioritized examination.
- There is a risk of delays if the application does not meet the criteria for expedited examination.
Official MPEP § 11 — Exchange of copies of patents and applications
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 11 Exchange of copies of patents and applications with foreign countries.
- (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)).
(Transferred to 35 U.S.C. 10 Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-580 (S 1948 sec. 4717(1)).)
(Transferred from 35 U.S.C. 12 Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-580 (S 1948 sec. 4717(1)); amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-591 (S. 1948 sec. 4808).)
(Amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-565, 582 (S. 1948 secs. 4507(2)(A), 4507(2)(B), and 4732(a)(10)(A)).)
(Amended Dec. 27, 2020, Public Law 116-260, division O, title VI, sec. 602(d), 134 Stat. 2153.)
- Aia Practice
| MPEP Section | Rules |
|---|---|
| MPEP § 708.02(b) |