35 USC 368 – Secrecy of certain inventions; filing international applications in foreign countries
(a) International applications filed in the Patent and Trademark Office shall be subject to the provisions of chapter 17.
Terms Used In 35 USC 368
- international application: means an application filed under the treaty. See 35 USC 351
- invention: means invention or discovery. See 35 USC 100
- 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) In accordance with article 27(8) of the treaty, the filing of an international application in a country other than the United States on the invention made in this country shall be considered to constitute the filing of an application in a foreign country within the meaning of chapter 17, whether or not the United States is designated in that international application.
(c) If a license to file in a foreign country is refused or if an international application is ordered to be kept secret and a permit refused, the Patent and Trademark Office when acting as a Receiving Office, International Searching Authority, or International Preliminary Examining Authority, may not disclose the contents of such application to anyone not authorized to receive such disclosure.