§ 366. — Withdrawn international application.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC366]
TITLE 35--PATENTS
PART IV--PATENT COOPERATION TREATY
CHAPTER 36--INTERNATIONAL STAGE
Sec. 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 Withdrawn international application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designating the United States is withdrawn or considered withdrawn,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 However, such withdrawn international application may serve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.
(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
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made'' in first sentence, and inserted ``withdrawn'' after ``such'' in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.
Effective Date of 1984 Amendment
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.
