Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
50 lines
4.7 KiB
Markdown
50 lines
4.7 KiB
Markdown
---
|
||
type: "LegalText"
|
||
title: "35 U.S.C. § 366"
|
||
description: "Withdrawn international application"
|
||
jurisdiction: "us"
|
||
corpus: "united_states_code"
|
||
kind: "code_section"
|
||
title_number: 35
|
||
title_name: "PATENTS"
|
||
chapter_number: "36"
|
||
chapter_name: "INTERNATIONAL STAGE"
|
||
section: "366"
|
||
citation: "35 U.S.C. § 366"
|
||
status: "current"
|
||
release_point: "119-100"
|
||
release_date: "2026-06-26"
|
||
source: "official"
|
||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc35@119-100.zip"
|
||
source_identifier: "/us/usc/t35/s366"
|
||
source_file: "data/legal/raw/us/code/title-35/usc35.xml"
|
||
source_hash: "baf524f17972970d5fcdc6cd100e8426769fcf82a597c0c9bc18a1f9d1065de3"
|
||
raw_snapshot_hash: "736cab508592dcf50013a1aed5ab108f72fd8493e76afc46848cdc35da38bbe3"
|
||
text_hash: "71d065560c446a20abca374c7e8009a714fa4749ac94cfb2e20798c8f1324527"
|
||
retrieved_at: "2026-07-04"
|
||
confidence: "official"
|
||
tags: ["legal", "us-code"]
|
||
---
|
||
|
||
# 35 U.S.C. § 366 - Withdrawn international application
|
||
|
||
## Text
|
||
|
||
Subject to section 367 of this part, if an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, under the conditions of the treaty and the Regulations, before the applicant has complied with the applicable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 However, such withdrawn international application may serve as the basis for a claim of priority under section 365(a) and (b), or under section 386(a) or (b), if it designated a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.
|
||
|
||
(Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 687; amended Pub. L. 98–622, title IV, § 401(b), Nov. 8, 1984, 98 Stat. 3391; Pub. L. 112–211, title I, § 102(9), Dec. 18, 2012, 126 Stat. 1532.)
|
||
|
||
## Notes
|
||
|
||
Editorial Notes
|
||
|
||
Amendments2012—Pub. L. 112–211 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.” 1984—Pub. L. 98–622 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 AmendmentAmendment by Pub. L. 112–211 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. 112–211, set out as a note under section 100 of this title.
|
||
|
||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–622 effective six months after Nov. 8, 1984, see section 406(b) of Pub. L. 98–622, set out as a note under section 3 of this title.
|
||
|
||
Effective DateSection 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.
|