35 U.S. Code § 386 - Right of priority

Status message

There is 1 Update Pending. Select the tab below to view.
(a) National Application.— In accordance with the conditions and requirements of subsections (a) through (d) ofsection 119 and section 172, a national application shall be entitled to the right of priority based on a prior international design application that designated at least 1 country other than the United States.
(b) Prior Foreign Application.— In accordance with the conditions and requirements of subsections (a) through (d) ofsection 119 and section 172 and the treaty and the Regulations, an international design application designating the United States shall be entitled to the right of priority based on a prior foreign application, a prior international application as defined in section 351 (c) designating at least 1 country other than the United States, or a prior international design application designating at least 1 country other than the United States.
(c) Prior National Application.— In accordance with the conditions and requirements of section 120, an international design application designating the United States shall be entitled to the benefit of the filing date of a prior national application, a prior international application as defined in section 351 (c) designating the United States, or a prior international design application designating the United States, and a national application shall be entitled to the benefit of the filing date of a prior international design application designating the United States. If any claim for the benefit of an earlier filing date is based on a prior international application as defined in section 351 (c) which designated but did not originate in the United States or a prior international design application which designated but did not originate in the United States, the Director may require the filing in the Patent and Trademark Office of a certified copy of such application together with a translation thereof into the English language, if it was filed in another language.

Source

(Added Pub. L. 112–211, title I, § 101(a),Dec. 18, 2012, 126 Stat. 1529.)
Effective Date

Section 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, and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see section 103 ofPub. L. 112–211, set out as an Effective Date of 2012 Amendment note under section 100 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

35 USCDescription of ChangeSession YearPublic LawStatutes at Large
§ 386new2012112-211 [Sec.] 101(a) "386"126 Stat. 1529

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.