35 USC § 362 - International Searching Authority and International Preliminary Examining Authority

---
identifier: "/us/usc/t35/s362"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 362 - International Searching Authority and International Preliminary Examining Authority"
title_number: 35
title_name: "PATENTS"
section_number: "362"
section_name: "International Searching Authority and International Preliminary Examining Authority"
chapter_number: 36
chapter_name: "INTERNATIONAL STAGE"
part_number: "IV"
part_name: "PATENT COOPERATION TREATY"
positive_law: true
currency: "119-84"
last_updated: "2025-12-12"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 686; amended Pub. L. 98–622, title IV, § 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, § 4, Nov. 6, 1986, 100 Stat. 3485; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)"
---


# § 362. International Searching Authority and International Preliminary Examining Authority

**(a)** The Patent and Trademark Office may act as an International Searching Authority and International Preliminary Examining Authority with respect to international applications in accordance with the terms and conditions of an agreement which may be concluded with the International Bureau, and may discharge all duties required of such Authorities, including the collection of handling fees and their transmittal to the International Bureau.

**(b)** The handling fee, preliminary examination fee, and any additional fees due for international preliminary examination shall be paid within such time as may be fixed by the Director.

---

**Source Credit**: (Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 686; amended Pub. L. 98–622, title IV, § 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, § 4, Nov. 6, 1986, 100 Stat. 3485; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)

## Editorial Notes

### Amendments

2002—Subsec. (b).  made technical correction to directory language of . See 1999 Amendment note below.

1999—Subsec. (b). , as amended by , substituted “Director” for “Commissioner”.

1986— inserted “and International Preliminary Examining Authority” in section catchline and amended text generally. Prior to amendment, text read as follows: “The Patent and Trademark Office may act as an International Searching Authority with respect to international applications in accordance with the terms and conditions of an agreement which may be concluded with the International Bureau.”

1984— substituted “Patent and Trademark Office” for “Patent Office”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1999 Amendment

Amendment by  effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under .

### Effective Date of 1986 Amendment

Amendment by  effective , and applicable to all international applications pending before or after that date, see , set out as a note under .

### Effective Date of 1984 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date

Section effective , and applicable to international and national applications filed on and after that date, see , set out as a note under .