35 USC § 375 - Patent issued on international application: Effect

---
identifier: "/us/usc/t35/s375"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 375 - Patent issued on international application: Effect"
title_number: 35
title_name: "PATENTS"
section_number: "375"
section_name: "Patent issued on international application: Effect"
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, § 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. 112–29, §§ 3(g)(5), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.)"
---


# § 375. Patent issued on international application: Effect

**(a)** A patent may be issued by the Director based on an international application designating the United States, in accordance with the provisions of this title. Such patent shall have the force and effect of a patent issued on a national application filed under the provisions of chapter 11.

**(b)** Where due to an incorrect translation the scope of a patent granted on an international application designating the United States, which was not originally filed in the English language, exceeds the scope of the international application in its original language, a court of competent jurisdiction may retroactively limit the scope of the patent, by declaring it unenforceable to the extent that it exceeds the scope of the international application in its original language.

---

**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, § 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. 112–29, §§ 3(g)(5), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.)

## Editorial Notes

### Amendments

2011—Subsec. (a). , struck out “of this title” after “102(e)” and after “11”.

, which directed substitution of “Such” for “Subject to , such”, was executed by making the substitution for “Subject to section 102(e), such”, to reflect the probable intent of Congress, because the words “of this title” did not appear after “section 102(e)” subsequent to amendment by . See note above and Effective Date of 2011 Amendment notes below.

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

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

## 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 4 months after , see section 1000(a)(9) [title IV, § 4731] of , 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 .