PUBLIC LAW 94^131—NOV. 14, 1975
89 STAT. 687
priority based on a prior filed international application which designated at least one country other than the United States. "(b) In accordance with the conditions and requirement of the j&rst paragraph of section 119 of this title and the treaty and the Regula- 35 USC 119. tions, an international application designating the United States shall be entitled to the ri^ht of priority based on a prior foreign application, or a prior international application designating at least one country other than the United States. "(c) In accordance with the conditions and requirements of section 120 of this title, an international application designating the United Post, p. 692. States shall be entitled to the benefit of the filing date of a prior national application or a prior international application designating the United States, and a national application shall be entitled to the benefit of the filing date of a prior international application designating the United States. If any claim for the benefit of an earlier filing date is based on a prior international application which designated but did not originate in the United States, the Commissioner ma^ require the filing in the Patent Office of a certified copy of such application together with a translation thereof into the English language, if it was filed in another language. "§ 366. Withdrawn international application 35 USC 366. "Subject to section 367 of this part, if an international application Infra. designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, under the conditions of the treaty and the Regulations, before the applicant has complied with the applicable requirements prescribed by section 371(c) of this part, the designation of the United States shall have no effect and shall be considered as not having been made. However, such international application may serve as the basis for a claim of priority under section 365(a) and (b) of this part, if it designated a country other than the United States.
- §367. Actions of other authorities: Review
35 USC 367. "(a) Where a Receiving Office other than the Patent Office has refused to accord an international filing date to an international application designating the United States or where it has held such application to be withdrawn either generally or as to the United States, the applicant may request review of the matter by the Commissioner, on compliance with the requirements of and within the time limits specified by the treaty and the Regulations. Such review may result in a determination that such application be considered as pending in the national stage. "(b) The review under subsection (a) of this section, subject to the same requirements and conditions, may also be requested in those instances where an international application designating the United States is considered withdrawn due to a finding by the International Bureau under article 12(3) of the treaty.
- § 368. Secrecy of certain inventions; filing international appli- 35 USC 368.
cations in foreign countries "(a) International applications filed in the Patent Office shall be subject to the provisions of chapter 17 of this title. 35 USC 181 "(b) In accordance with article 27(8) of the treaty, the filing of an « «ey^ international application in a country other than the United States on the invention made in this country Shall be considered to constitute the filing of an application in a foreign country within the meaning of chapter 17 of this title, whether or not the United States is designated in that international application.
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