Title 35 — PatentsRelease 119-73not60
§366 Withdrawn International Application
Title 35 › Part IV— PATENT COOPERATION TREATY › Chapter 36— INTERNATIONAL STAGE › § 366
Summary
Unless section 367 says otherwise, if an international patent application that names the United States is withdrawn under the treaty or rules before the applicant finishes the U.S. filing steps required by section 371(c), the U.S. designation stops and is treated as if it was never made. It still counts if, before withdrawal, a U.S. or international filing naming the United States had claimed an earlier filing date under section 365(c) or had a claim under section 386(c). If the withdrawn international application named another country, it can still be used to claim priority under sections 365(a) or (b) or 386(a) or (b).
Full Legal Text
Title 35, §366
Patents — Source: USLM XML via OLRC
Subject to section 367 of this part, if an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, under the conditions of the treaty and the Regulations, before the applicant has complied with the applicable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 However, such withdrawn international application may serve as the basis for a claim of priority under section 365(a) and (b), or under section 386(a) or (b), if it designated a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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2012—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 Date
Section 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.
Reference
Citations & Metadata
Citation
35 U.S.C. § 366
Title 35 — Patents
Last Updated
Apr 5, 2026
Release point: 119-73not60