United States Code/Title 35/Chapter 36/Section 366
Section 366. Withdrawn international application
Subject to section 367 of this part, if an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, under the conditions of the treaty and the Regulations, before the applicant has complied with the applicable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 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. However, such withdrawn international application may serve as the basis for a claim of priority under section 365(a) and (b) of this part, if it designated a country other than the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.
Source[edit]
(Added Pub. L. 94-131, Sec. 1, Nov. 14, 1975, 89 Stat. 687; amended Pub. L. 98-622, title IV, Sec. 401(b), Nov. 8, 1984, 98 Stat. 3391.)
Amendments[edit]
1984[edit]
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the United States, filed before the date of such withdrawal” after “having been made” in first sentence, and inserted “withdrawn” after “such” in second sentence.
Effective Date of 1984 Amendment[edit]
Amendment 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.