§ 366. Withdrawn international application

Footnotes

1. 1 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Pub. L. 94–131 § 1 · 89 Stat. 685

   Enacted · 35 U.S.C. § 366

   Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 687

   Source evidence

   Code source credit
   Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 687

   Enacted provision · exact public law section
   “(1) the national fee prescribed under section 376(a) (4) of this part;

2. 1984

   Patent Law Amendments Act of 1984

   Pub. L. 98–622 title IV § 401(b) · 98 Stat. 3383

   1. Inserted · 35 U.S.C. § 366

      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

   2. Inserted · 35 U.S.C. § 366

      Pub. L. 98–622 inserted “withdrawn” after “such” in second sentence

   Source evidence

   Code amendment note
   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the United States, filed before the date of such withdrawal” after “having been made” in first sentence, and inserted “withdrawn” after “such” in second sentence.

   Enacted provision · exact public law section
   (b) Section 366 of title 35, United States Code, is amended— (1) in the first sentence— (A) by inserting “after the date of withdrawal,” after “effect”, and (B) by inserting before the period the following: “, 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designating the United States, filed before the date of such withdrawal”; and (2) in the second sentence by inserting “withdrawn” after “such”.

3. 2012

   Patent Law Treaties Implementation Act of 2012

   Pub. L. 112–211 title I § 102(9) · 126 Stat. 1527

   1. Substituted · 35 U.S.C. § 366

      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.”

   2. Substituted · 35 U.S.C. § 366

      Pub. L. 112–211 substituted “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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (9) in section 366— (A) in the first sentence, by striking “unless a claim” and all that follows through “withdrawal.” and inserting “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.”; and (B) by striking the second sentence and inserting the following: “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.”.

   Effective date note
   Amendment 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.

5 of 5 references resolved to an enrolled provision