35 USC 366
Withdrawn international application

Executive summary:

This document contains one section of the U.S. Patent Act (found in Title 35 of the United States Code). This page was last updated in November 2005. All of the sections of the Patent Act are listed on the Index page. A Word Index is also available to the Patent Act.

For more information on patent law, please see the Patent or Software Patent Sections of BitLaw.

Previous Section (§365) | Next Section (§367)

§366. Withdrawn international application

Subject to section 367 of this part [35 USC 367], if an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, under the conditions of the treaty and the Regulations, before the applicant has complied with the applicable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 [35 USC 371(c)], 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 [35 USC 365(c)] 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 However, such withdrawn international application may serve as the basis for a claim of priority under section 365(a) and (b) of this part [35 USC 365(a), (b)], if it designated a country other than the United States.