35 USC 367 – Actions of other authorities: Review
(a) Where a Receiving Office other than the Patent and Trademark Office has refused to accord an international filing date to an international application designating the United States or where it has held such application to be withdrawn either generally or as to the United States, the applicant may request review of the matter by the Director, on compliance with the requirements of and within the time limits specified by the treaty and the Regulations. Such review may result in a determination that such application be considered as pending in the national stage.
Terms Used In 35 USC 367
- international application: means an application filed under the treaty. See 35 USC 351
- international application designating the United States: means an international application specifying the United States as a country in which a patent is sought, regardless where such international application is filed. See 35 USC 351
- International Bureau: means the international intergovernmental organization which is recognized as the coordinating body under the treaty and the Regulations. See 35 USC 351
- Receiving Office: means a national patent office or intergovernmental organization which receives and processes international applications as prescribed by the treaty and the Regulations. See 35 USC 351
- treaty: means the Patent Cooperation Treaty done at Washington, on June 19, 1970. See 35 USC 351
(b) The review under subsection (a) of this section, subject to the same requirements and conditions, may also be requested in those instances where an international application designating the United States is considered withdrawn due to a finding by the International Bureau under article 12(3) of the treaty.