35 U.S.C. 373   Improper applicant.

An international application designating the United States, shall not be accepted by the Patent and Trademark Office for the national stage if it was filed by anyone not qualified under chapter 11  of this title to be an applicant for the purpose of filing a national application in the United States. Such international applications shall not serve as the basis for the benefit of an earlier filing date under section 120  of this title in a subsequently filed application, but may serve as the basis for a claim of the right of priority under subsections (a) through (d) of section 119  of this title, if the United States was not the sole country designated in such international application.

(Added Nov. 14, 1975, Public Law 94-131, sec. 1, 89 Stat. 689; amended Nov. 8, 1984, Public Law 98-622, sec. 403(a), 98 Stat. 3392; Dec. 8, 1994, Public Law 103-465, sec. 532(c)(5), 108 Stat. 4987.)

[*Begin Editor's Note: 35 U.S.C. 373 (Sept. 16, 2012)]

Effective Sept. 16, 2012, pursuant to the Leahy-Smith America Invents Act, Public Law 112-29, sec. 20(j), 125 Stat. 284, this section is amended by striking ‘‘of this title’’ each place that term appears.

[*End Editor's Note: 35 U.S.C. 373 (Sept. 16, 2012)]