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35 U.S.C. § 366

Withdrawn international application

United States · Title 35 — PATENTS · Status: effective

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35 U.S.C. § 366, Withdrawn international application, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/470954
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Subject to section 367 of this part, if an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, under the conditions of the treaty and the Regulations, before the applicant has complied with the applicable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 11 So in original. 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 However, such withdrawn international application may serve as the basis for a claim of priority under section 365(a) and (b), or under section 386(a) or (b), if it designated a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.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 94-131(S. 24)1975-11-14
    A bill to carry into effect certain provisions of the Patent Cooperation Treaty, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-622(H.R. 6286)1984-11-08
    Patent Law Amendments of 1984
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 112-211(S. 3486)2012-12-18
    Patent Law Treaties Implementation Act of 2012
    House: no recorded tallySenate: no recorded tally