§388 Withdrawn or Abandoned International Design Application

Summary

When an international design application that named the United States is withdrawn, renounced, canceled, or treated as withdrawn or abandoned under the treaty and the rules, the U.S. designation stops on that date and is treated as if it had never been made. That does not apply if, before that date, a national or an international application naming the United States already claimed the benefit of an earlier filing date under section 386(c), or an international application naming the United States already claimed benefit under section 365(c). If the withdrawn application named a country other than the United States, it can still be used to claim priority under subsections (a) and (b) of section 386 or under subsection (a) or (b) of section 365. As allowed by sections 384 and 387.