Redline Version (2011)
35 U.S.C. 388, Withdrawn or abandoned international design application

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35 U.S.C. 388, Withdrawn or abandoned international design application

Subject to sections 384 and 387, if an international design application designating the United States is withdrawn, renounced or canceled or considered withdrawn or abandoned, either generally or as to the United States, under the conditions of the treaty and the Regulations, the designation of the United States shall have no effect after the date of withdrawal, renunciation, cancellation, or abandonment and shall be considered as not having been made, unless a claim for benefit of a prior filing date under section 386(c) was made in a national application, or an international design application designating the United States, or a claim for benefit under section 365(c) was made in an international application designating the United States, filed before the date of such withdrawal, renunciation, cancellation, or abandonment. However, such withdrawn, renounced, canceled, or abandoned international design application may serve as the basis for a claim of priority under subsections (a) and (b) of section 386, or under subsection (a) or (b) of section 365, if it designated a country other than the United States.

Effective Dates for Changes Made to this Section

SECTION ADDED in Section 101 of the Patent Law Treaties Implementation Act of 2012
Section 103 of the Patent Law Treaties Implementation Act of 2012 provides:

(a) In General.--The amendments made by this title shall take effect on the later of--

(1) the date that is 1 year after the date of the enactment of this Act; or

(2) the date of entry into force of the treaty with respect to the United States.

The effective date is December 18, 2013.