1. (a) In general The owner of a basic application pending before the United States Patent and Trademark Office, or the owner of a basic registration granted by the United States Patent and Trademark Office may file an international application by submitting to the United States Patent and Trademark Office a written application in such form, together with such fees, as may be prescribed by the Director.

2. (b) Qualified owners A qualified owner, under subsection (a), shall—

   1. (1) be a national of the United States;
   2. (2) be domiciled in the United States; or
   3. (3) have a real and effective industrial or commercial establishment in the United States.

(July 5, 1946, ch. 540, title XII, § 61, as added Pub. L. 107–273, div. C, title III, § 13402, Nov. 2, 2002, 116 Stat. 1915.)