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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LegalText 35 U.S.C. § 388 Withdrawn or abandoned international design application us united_states_code code_section 35 PATENTS 38 INTERNATIONAL DESIGN APPLICATIONS 388 35 U.S.C. § 388 current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/s388 data/legal/raw/us/code/title-35/usc35.xml 2b00340fada2b339d2d301ff7640b3dc2147efdd607eda2e1886df17eaa9da55 736cab508592dcf50013a1aed5ab108f72fd8493e76afc46848cdc35da38bbe3 ef69831dcce4611d7dd47abaa51e0fcdde8755e1c804b6a73a7c35938468a690 2026-07-04 official
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35 U.S.C. § 388 - Withdrawn or abandoned international design application

Text

Subject to sections 384 and 387, if an international design application designating the United States is withdrawn, renounced or canceled or considered withdrawn or abandoned, either generally or as to the United States, under the conditions of the treaty and the Regulations, the designation of the United States shall have no effect after the date of withdrawal, renunciation, cancellation, or abandonment and shall be considered as not having been made, unless a claim for benefit of a prior filing date under section 386(c) was made in a national application, or an international design application designating the United States, or a claim for benefit under section 365(c) was made in an international application designating the United States, filed before the date of such withdrawal, renunciation, cancellation, or abandonment. However, such withdrawn, renounced, canceled, or abandoned international design application may serve as the basis for a claim of priority under subsections (a) and (b) of section 386, or under subsection (a) or (b) of section 365, if it designated a country other than the United States.

(Added Pub. L. 112211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1530.)

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.