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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 35 U.S.C. § 386 Right of priority us united_states_code code_section 35 PATENTS 38 INTERNATIONAL DESIGN APPLICATIONS 386 35 U.S.C. § 386 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc35@119-100.zip /us/usc/t35/s386 data/legal/raw/us/code/title-35/usc35.xml 5b5a1616e43cd97c74820be8e06adb8bf011feabec06a56c3655569139ea2bce 736cab508592dcf50013a1aed5ab108f72fd8493e76afc46848cdc35da38bbe3 0f8665cfc10f82922f8b2f912498c326f346c5aef0b6bf88029ca4a50f6d861d 2026-07-04 official
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35 U.S.C. § 386 - Right of priority

Text

(a) National Application.— In accordance with the conditions and requirements of subsections (a) through (d) of section 119 and section 172, a national application shall be entitled to the right of priority based on a prior international design application that designated at least 1 country other than the United States.

(b) Prior Foreign Application.— In accordance with the conditions and requirements of subsections (a) through (d) of section 119 and section 172 and the treaty and the Regulations, an international design application designating the United States shall be entitled to the right of priority based on a prior foreign application, a prior international application as defined in section 351(c) designating at least 1 country other than the United States, or a prior international design application designating at least 1 country other than the United States.

(c) Prior National Application.— In accordance with the conditions and requirements of section 120, an international design application designating the United States shall be entitled to the benefit of the filing date of a prior national application, a prior international application as defined in section 351(c) designating the United States, or a prior international design application designating the United States, and a national application shall be entitled to the benefit of the filing date of a prior international design application designating the United States. If any claim for the benefit of an earlier filing date is based on a prior international application as defined in section 351(c) which designated but did not originate in the United States or a prior international design application which designated but did not originate in the United States, the Director may require the filing in the Patent and Trademark Office of a certified copy of such application together with a translation thereof into the English language, if it was filed in another language.

(Added Pub. L. 112211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1529.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection effective on the later of the date that is 1 year after Dec. 18, 2012, 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 (May 13, 2015), and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see section 103 of Pub. L. 112211, set out as an Effective Date of 2012 Amendment note under section 100 of this title.