35 U.S.C. 184, Filing of application in foreign country
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Redline Clean Version (after America Invents Act) Original (before AIA)
35 U.S.C. 184 Filing of application in foreign country.
(a) FILING IN FOREIGN COUNTRY.--Except when authorized by a license obtained from the Commissioner of Patents a person shall not file or cause or authorize to be filed in any foreign country prior to six months after filing in the United States an application for patent or for the registration of a utility model, industrial design, or model in respect of an invention made in this country. A license shall not be granted with respect to an invention subject to an order issued by the Commissioner of Patents pursuant to section 181 of this title without the concurrence of the head of the departments and the chief officers of the agencies who caused the order to be issued. The license may be granted retroactively where an application has been filed abroad through error and without deceptive intent and the application does not disclose an invention within the scope of section 181 of this title.
(b) APPLICATION.--The term "application" when used in this chapter includes applications and any modifications, amendments, or supplements thereto, or divisions thereof.
(c) SUBSEQUENT MODIFICATIONS, AMENDMENTS, AND SUPPLEMENTS.--The scope of a license shall permit subsequent modifications, amendments, and supplements containing additional subject matter if the application upon which the request for the license is based is not, or was not, required to be made available for inspection under section 181 of this title and if such modifications, amendments, and supplements do not change the general nature of the invention in a manner which would require such application to be made available for inspection under such section 181. In any case in which a license is not, or was not, required in order to file an application in any foreign country, such subsequent modifications, amendments, and supplements may be made, without a license, to the application filed in the foreign country if the United States application was not required to be made available for inspection under section 181 and if such modifications, amendments, and supplements do not, or did not, change the general nature of the invention in a manner which would require the United States application to have been made available for inspection under such section 181.
Effective Dates for Changes Made to this Section
ADDING SUBSECTION HEADINGS, REMOVING DECEPTIVE INTENT
Section 20 of the America Invents Act
(l) EFFECTIVE DATE.--The amendments made by this section shall take effect upon the expiration of the 1–year period beginning on the date of the enactment of this Act and shall apply to proceedings commenced on or after that effective date.
REMOVAL OF "OF THIS TITLE"
Section 20 of the America Invents Act
(l) EFFECTIVE DATE.--The amendments made by this section shall take effect upon the expiration of the 1 year period beginning on the date of the enactment of this Act and shall apply to proceedings commenced on or after that effective date.