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Title 35, PatentsRelease 119-102

§388 Withdrawn or Abandoned International Design Application

Title 35 › PART V — THE HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS › CHAPTER 38 — INTERNATIONAL DESIGN APPLICATIONS › § 388

Last updated Aug 21, 2026|Official source

Summary

Subject to sections 384 and 387, if an international design application that named the United States is withdrawn or abandoned (including renunciation or cancellation) under the treaty and the Regulations, the U.S. designation stops on that date and is treated as not having been made unless, before that date, a claim for benefit of an earlier filing date under section 386(c) or section 365(c) was filed in an application naming the United States. If the withdrawn application named another country, it can still be used to claim priority under subsections (a) and (b) of section 386 or of section 365.

Full Legal Text

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Subject to section 384 and 387, if an international design application designating the United States is withdrawn, renounced or canceled or considered withdrawn or abandoned, either generally or as to the United States, under the conditions of the treaty and the Regulations, the designation of the United States shall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 However, such withdrawn, renounced, canceled, or abandoned international design application may serve as the basis for a claim of priority under subsections (a) and (b) of section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

Legislative History

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.

Reference

Citations & Metadata

Citation

35 U.S.C. § 388

Title 35, Patents

Last Updated

Aug 21, 2026

Release point: 119-102