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Title 35, PatentsRelease 119-110

§366 Withdrawn International Application

Title 35 › PART IV — PATENT COOPERATION TREATY › CHAPTER 36 — INTERNATIONAL STAGE › § 366

Last updated Sep 23, 2026|Official source

Summary

Subject to section 367, if an international patent application that named the United States is withdrawn or treated as withdrawn under the treaty rules before the applicant meets the requirements of section 371(c), the U.S. naming stops working as of the withdrawal date and is treated as if it was never made. It is still effective only if, before withdrawal, a claim for the earlier filing date was filed under section 365(c) in a national or international application, or a claim under section 386(c) was filed in an international design application. A withdrawn international application can still be used to claim priority under sections 365(a) and (b) or 386(a) and (b) if it named a country other than the United States.

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Subject to section 367 of this part, if an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, under the conditions of the treaty and the Regulations, before the applicant has complied with the applicable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 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 However, such withdrawn international application may serve as the basis for a claim of priority under section 365(a) and (b), or under section 386(a) or (b), if it designated a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

Sep 23, 2026

Release point: 119-110