35 USC § 374 - Publication of international application

---
identifier: "/us/usc/t35/s374"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 374 - Publication of international application"
title_number: 35
title_name: "PATENTS"
section_number: "374"
section_name: "Publication of international application"
chapter_number: 37
chapter_name: "NATIONAL 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. 689; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4507(10)], Nov. 29, 1999, 113 Stat. 1536, 1501A–566; Pub. L. 107–273, div. C, title III, § 13205(2)(E), Nov. 2, 2002, 116 Stat. 1903; Pub. L. 112–29, §§ 3(g)(4), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.)"
---


# § 374. Publication of international application

The publication under the treaty defined in section 351(a), of an international application designating the United States shall be deemed a publication under section 122(b), except as provided in section 154(d).

---

**Source Credit**: (Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 689; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4507(10)], Nov. 29, 1999, 113 Stat. 1536, 1501A–566; Pub. L. 107–273, div. C, title III, § 13205(2)(E), Nov. 2, 2002, 116 Stat. 1903; Pub. L. 112–29, §§ 3(g)(4), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.)

## Editorial Notes

### Amendments

2011—, struck out “of this title” after “351(a)” and after “and 154(d)”.

, substituted “section 154(d)” for “sections 102(e) and 154(d)”.

2002— amended , see 1999 Amendment note below. Prior to being amended by , , had amended this section to read as follows: “The publication under the treaty defined in , of an international application designating the United States shall confer the same rights and shall have the same effect under this title as an application for patent published under section 122(b), except as provided in sections 102(e) and 154(d) of this title.”

1999—, as amended by , amended section catchline and text generally. Prior to amendment, text read as follows: “The publication under the treaty of an international application shall confer no rights and shall have no effect under this title other than that of a printed publication.”

## 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 1999 Amendment

Amendment by  effective , and applicable only to applications (including international applications designating the United States) filed on or after that date, see section 1000(a)(9) [title IV, § 4508] of , as amended, 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 .