35 USC § 364 - International stage: Procedure

---
identifier: "/us/usc/t35/s364"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 364 - International stage: Procedure"
title_number: 35
title_name: "PATENTS"
section_number: "364"
section_name: "International stage: Procedure"
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, § 5, 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; Pub. L. 112–211, title II, § 202(b)(8), Dec. 18, 2012, 126 Stat. 1536.)"
---


# § 364. International stage: Procedure

**(a)** International applications shall be processed by the Patent and Trademark Office when acting as a Receiving Office, International Searching Authority, or International Preliminary Examining Authority, in accordance with the applicable provisions of the treaty, the Regulations, and this title.

**(b)** An applicant’s failure to act within prescribed time limits in connection with requirements pertaining to an international application may be excused as provided in the treaty and the Regulations.

---

**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, § 5, 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; Pub. L. 112–211, title II, § 202(b)(8), Dec. 18, 2012, 126 Stat. 1536.)

## Editorial Notes

### Amendments

2012—Subsec. (b).  added subsec. (b) and struck out former subsec. (b) which read as follows: “An applicant’s failure to act within prescribed time limits in connection with requirements pertaining to a pending international application may be excused upon a showing satisfactory to the Director of unavoidable delay, to the extent not precluded by the treaty and the Regulations, and provided the conditions imposed by the treaty and the Regulations regarding the excuse of such failure to act are complied with.”

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—Subsec. (a).  substituted a comma for “or” before “International Searching Authority” and “International Preliminary Examining Authority” for “both”.

1984—Subsec. (a).  substituted “Patent and Trademark Office” for “Patent Office”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2012 Amendment

Amendment by  effective on the date that is 1 year after , applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see , set out as an Effective Date note under .

### 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 .