---
kind: "section"
citation: "35 U.S.C. § 368"
title: "35"
title_heading: "Patents"
number: "368"
heading: "Secrecy of certain inventions; filing international applications in foreign countries"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/35/368"
units:
  - "Part IV — Patent Cooperation Treaty"
  - "Chapter 36 — International Stage"
---

# §368. Secrecy of certain inventions; filing international applications in foreign countries

- (a) [International applications](/usc/35/351.md?p=c) filed in the Patent and Trademark Office shall be subject to the provisions of chapter 17.
- (b) In accordance with article 27(8) of the [treaty](/usc/35/351.md?p=a), the filing of an [international application](/usc/35/351.md?p=c) in a country other than the [United States](/usc/35/100.md?p=c) on the [invention](/usc/35/100.md?p=a) made in [this country](/usc/35/100.md?p=c) shall be considered to constitute the filing of an application in a foreign country within the meaning of [chapter 17](/usc/35/chptII/ch17.md), whether or not the [United States](/usc/35/100.md?p=c) is designated in that [international application](/usc/35/351.md?p=c).
- (c) If a license to file in a foreign country is refused or if an [international application](/usc/35/351.md?p=c) is ordered to be kept secret and a permit refused, the Patent and Trademark Office when acting as a [Receiving Office](/usc/35/351.md?p=f), [International Searching Authority](/usc/35/351.md?p=g), or [International Preliminary Examining Authority](/usc/35/351.md?p=g), may not disclose the contents of such application to anyone not authorized to receive such disclosure.

## Source credit

(Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 687; amended Pub. L. 98–622, title IV, § 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, § 6, Nov. 6, 1986, 100 Stat. 3486; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)

## Notes

### Editorial Notes

### Amendments

2011—Subsecs. (a), (b). Pub. L. 112–29 struck out “of this title” after “17”.

1986—Subsec. (c). Pub. L. 99–616 substituted a comma for “or” after “Receiving Office” and “International Preliminary Examining Authority” for “both”.

1984—Subsecs. (a), (c). Pub. L. 98–622 substituted “Patent and Trademark Office” for “Patent Office”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2011 Amendment

Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.

### Effective Date of 1986 Amendment

Amendment by Pub. L. 99–616 effective July 1, 1987, and applicable to all international applications pending before or after that date, see section 9 of Pub. L. 99–616, set out as a note under section 351 of this title.

### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–622 effective Nov. 8, 1984, see section 406(a) of Pub. L. 98–622, set out as a note under section 351 of this title.

### Effective Date

Section effective Jan. 24, 1978, and applicable to international and national applications filed on and after that date, see section 11 of Pub. L. 94–131, set out as a note under section 351 of this title.