35 U.S.C. § 366 — Withdrawn international (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 366 Withdrawn international
This page consolidates MPEP guidance interpreting 35 U.S.C. § 366, including 3 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section covers documents received from the International Bureau indicating withdrawal of an international or US designation, which must be brought to the attention of the International Bureau.
What this section covers
- Documents received from the International Bureau and placed in a U.S. national stage application file when there is an indication that the international application or US designation has been withdrawn.
Key obligations
- Bring the indication of withdrawal to the attention of the International Bureau.
- Ensure the national stage application file reflects the withdrawal indication.
- Adhere to the specific requirements of 35 USC 366.
Practice notes
- Ensure all relevant documents are included when submitting the national stage application.
- Timely notification and accurate record-keeping are crucial to avoid compliance issues.
Official MPEP § 366 — Withdrawn international
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 366 Withdrawn international application.
Subject to section 367 of this part, if an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, under the conditions of the treaty and the Regulations, before the applicant has complied with the applicable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 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. However, such withdrawn international application may serve as the basis for a claim of priority under section 365 (a) and (b) , or under section 386(a) or (b) , if it designated a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.
(Added Nov. 14, 1975, Public Law 94-131, sec. 1, 89 Stat. 687; amended Nov. 8, 1984, Public Law 98-622, sec. 401(b), 98 Stat. 3391; amended Dec. 18, 2012, Public Law 112-211, sec. 102(9) (effective May 13, 2015), 126 Stat. 1532.)
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