§388 — Title 35 Patents | U.S. Code

Summary

Under sections 384 and 387, if an international design application naming the United States is withdrawn, renounced, canceled, or abandoned under treaty rules, the US designation ends that day and counts as never made. It still applies if a prior‑filing‑date claim under section 386(c) or 365(c) was filed before withdrawal, and if the application named another country it can be used to claim priority under 386(a)–(b) or 365(a)–(b).

Title 35, §388

Patents — Source: USLM XML via OLRC

Subject to section 384 and 387, if an international design application designating the United States is withdrawn, renounced or canceled or considered withdrawn or abandoned, either generally or as to the United States, under the conditions of the treaty and the Regulations, the designation of the United States shall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 However, such withdrawn, renounced, canceled, or abandoned international design application may serve as the basis for a claim of priority under subsections (a) and (b) of section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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section 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 an

Effective Date

of 2012 Amendment note under section 100 of this title.

§388 Withdrawn or abandoned international design application

Summary

Title 35, §388

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata