35 U.S.C. § 366 | Withdrawn international application

1 So in original.

Subject to section 367 of this part, if an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, under the conditions of the treaty and the Regulations, before the applicant has complied with the applicable requirements prescribed by section 371(c) of this part, the designation of the United States shall have no effect after the date of withdrawal, and shall be considered as not having been made, unless a claim for benefit of a prior filing date under section 365(c) of this section  was made in a national application, or an international application designating the United States, or a claim for benefit under section 386(c) was made in an international design application designating the United States, filed before the date of such withdrawal. However, such withdrawn international application may serve as the basis for a claim of priority under section 365(a) and (b), or under section 386(a) or (b), if it designated a country other than the United States.

Pub. L. 94–131, § 1Nov. 14, 197589 Stat. 687 Pub. L. 98–622, title IV, § 401(b)Nov. 8, 198498 Stat. 3391 Pub. L. 112–211, title I, § 102(9)Dec. 18, 2012126 Stat. 1532(Added , , ; amended , , ; , , .)

Editorial Notes

Amendments

Pub. L. 112–2112012— substituted “unless a claim for benefit of a prior filing date under section 365(c) of this section was made in a national application, or an international application designating the United States, or a claim for benefit under section 386(c) was made in an international design application designating the United States, filed before the date of such withdrawal.” for “unless a claim for the benefit of a prior filing date under section 365(c) of this part was made in a national application, or an international application designating the United States, filed before the date of such withdrawal.” and “However, such withdrawn international application may serve as the basis for a claim of priority under section 365(a) and (b), or under section 386(a) or (b), if it designated a country other than the United States.” for “However, such withdrawn international application may serve as the basis for a claim of priority under section 365(a) and (b) of this part, if it designated a country other than the United States.”

Pub. L. 98–6221984— inserted “after the date of withdrawal,” after “effect” and “, unless a claim for the benefit of a prior filing date under section 365(c) of this part was made in a national application, or an international application designating the United States, filed before the date of such withdrawal” after “having been made” in first sentence, and inserted “withdrawn” after “such” in second sentence.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–211Dec. 18, 2012May 13, 2015section 103 of Pub. L. 112–211 section 100 of this titleAmendment by effective on the later of the date that is 1 year after , or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (), and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–622Nov. 8, 1984section 406(b) of Pub. L. 98–622 section 3 of this titleAmendment by effective six months after , see , set out as a note under .

Effective Date

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