2014 US Code
Title 35 - Patents (Sections 1 - 390)
Part V - The Hague Agreement Concerning International Registration of Industrial Designs (Sections 381 - 390)
Chapter 38 - International Design Applications (Sections 381 - 390)
Sec. 386 - Right of priority

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 2, Title 35 - PATENTS
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 35 - PATENTS
PART V - THE HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS
CHAPTER 38 - INTERNATIONAL DESIGN APPLICATIONS
Sec. 386 - Right of priority
Containssection 386
Date2014
Laws In Effect As Of DateJanuary 5, 2015
Positive LawYes
Dispositionstandard
Source CreditAdded Pub. L. 112-211, title I, §101(a), Dec. 18, 2012, 126 Stat. 1529.
Statutes at Large Reference126 Stat. 1529
Public and Private LawPublic Law 112-211

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35 U.S.C. § 386 (2014)
§386. Right of priority

(a) National Application.—In accordance with the conditions and requirements of subsections (a) through (d) of section 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) of section 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.

(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 of Pub. L. 112–211, set out as an Effective Date of 2012 Amendment note under section 100 of this title.

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