35 USC § 363 - International application designating the United States: Effect

---
identifier: "/us/usc/t35/s363"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 363 - International application designating the United States: Effect"
title_number: 35
title_name: "PATENTS"
section_number: "363"
section_name: "International application designating the United States: Effect"
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. 112–29, §§ 3(g)(3), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.)"
---


# § 363. International application designating the United States: Effect

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.

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**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. 112–29, §§ 3(g)(3), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.)

## Editorial Notes

### Amendments

2011—, struck out “of this title” after “102(e)”.

, which directed the striking out of “except as otherwise provided in ”, was executed by striking out “except as otherwise provided in section 102(e)” before period at end, to reflect the probable intent of Congress, because the words “of this title” did not appear subsequent to amendment by . See note above and Effective Date of 2011 Amendment notes below.

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

## Statutory Notes and Related Subsidiaries

### Effective Date of 2011 Amendment

Amendment by  effective upon the expiration of the 18-month period beginning on , and applicable to certain applications for patent and any patents issuing thereon, see , set out as an Effective Date of 2011 Amendment; Savings Provisions note under .

Amendment by  effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, see section 20() of , 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 .