35 U.S.C. § 363 — International application designating the (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 363 International application designating the
This page consolidates MPEP guidance interpreting 35 U.S.C. § 363, including 168 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
Only US residents or nationals may file international applications under 35 USC 363, ensuring that all inventors are US residents or nationals.
What this section covers
- This section covers filing international applications by US residents or nationals.
Key obligations
- Only US residents or nationals may file international applications.
- The requirement for filing under 35 USC 363 on or after September 16, 2012.
- Inventors must be US residents or nationals when filing international applications.
Practice notes
- Ensure inventors are US residents or nationals before filing an international application to avoid potential pitfalls.
- Failing to comply with the requirement that inventors be US residents or nationals can lead to issues.
Official MPEP § 363 — International application designating the
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 363 International application designating the United States: Effect.
[Editor Note: Applicable to any patent application subject to the first inventor to file provisions of the AIA (see 35 U.S.C. 100 (note) ). See 35 U.S.C. 363 (pre‑AIA) for the law otherwise applicable.]
An international application designating the United States shall have the effect, from its international filing date under article 11 of the treaty, of a national application for patent regularly filed in the Patent and Trademark Office.
(Added Nov. 14, 1975, Public Law 94-131, sec. 1, 89 Stat. 686; amended Nov. 8, 1984, Public Law 98-622, sec. 403(a), 98 Stat. 3392; amended Sept. 16, 2011, Public Law 112-29, secs. 20(j) (effective Sept. 16, 2012) and 3(g) (effective March 16, 2013), 125 Stat. 284.)
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