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35 U.S.C. § 366 — Withdrawn international application

submitted 51 years ago by Pub. L. 94-131 to r/title-35-PATENTS · 170 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law covers what happens if an international patent application is withdrawn. If it's withdrawn before the applicant meets U.S. filing requirements, the U.S. part of it is cancelled. An earlier claim to a prior filing date can save that, though. A withdrawn application can still support a priority claim for other countries.

This section deals with an international patent application that names ("designates") the United States but then gets withdrawn — either completely, or just as to the United States — under the treaty's rules, before the applicant has met the requirements in section 371(c) to enter the U.S. national stage. Subject to section 367, once that happens, the U.S. designation stops having any effect after the withdrawal date, and it's treated as though it was never made at all. The one exception: this doesn't happen if, before the withdrawal, someone already filed a claim for the benefit of an earlier filing date under section 365(c) in a U.S. national application or in an international application naming the U.S., or filed a claim under section 386(c) in an international design application naming the U.S.

Even so, a withdrawn international application can still be used as the basis for a priority claim under section 365(a) and (b), or section 386(a) or (b), as long as it named a country other than the United States.

the actual law source: uscode.house.gov ↗public domain

Subject to section 367 of this part, if an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, under the conditions of the treaty and the Regulations, before the applicant has complied with the applicable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 1 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1975Enacted · Pub. L. 94-131 · 89 Stat. 687
  • 1984Amended · Pub. L. 98-622 · 98 Stat. 3391
  • 2012Amended · Pub. L. 112-211 · 126 Stat. 1532

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-131 on 1975-11-14.

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