35 USC 375
Patent issued on international application: Effect

Executive summary:

This document contains one section of the U.S. Patent Act (found in Title 35 of the United States Code). This page was last updated in November 2005. All of the sections of the Patent Act are listed on the Index page. A Word Index is also available to the Patent Act.

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§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. Subject to section 102(e) of this title [35 USC 102(e)], such patent shall have the force and effect of a patent issued on a national application filed under the provisions of chapter 11 of this title [35 USC § §111 et seq.].

(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.