dreamproit/uscode huggingface dataset:
35 U.S.C. § 384 (PATENTS)
§ 384. Filing date
(a) In General.—
Subject to subsection (b), the filing date of an international design application in the United States shall be the effective registration date. Notwithstanding the provisions of this part, any international design application designating the United States that otherwise meets the requirements of chapter 16 may be treated as a design application under chapter 16.
(b) Review.—
An applicant may request review by the Director of the filing date of the international design application in the United States. The Director may determine that the filing date of the international design application in the United States is a date other than the effective registration date. The Director may establish procedures, including the payment of a surcharge, to review the filing date under this section. Such review may result in a determination that the application has a filing date in the United States other than the effective registration date.
(Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1529.)
heading: Effective Date
text: 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.
35 U.S.C. § 385 (PATENTS)
§ 385. Effect of international design application
An international design application designating the United States shall have the effect, for all purposes, from its filing date determined in accordance with section 384, of an application for patent filed in the Patent and Trademark Office pursuant to chapter 16.
(Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1529.)
heading: Effective Date
text: 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.
35 U.S.C. § 386 (PATENTS)
§ 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.)
heading: Effective Date
text: 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.
35 U.S.C. § 387 (PATENTS)
§ 387. Relief from prescribed time limits
An applicant’s failure to act within prescribed time limits in connection with requirements pertaining to an international design application may be excused as to the United States upon a showing satisfactory to the Director of unintentional delay and under such conditions, including a requirement for payment of the fee specified in section 41(a)(7), as may be prescribed by the Director.
(Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1530.)
heading: Effective Date
text: 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.
35 U.S.C. § 388 (PATENTS)
§ 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.
(Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1530.)
heading: Effective Date
text: 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.
35 U.S.C. § 389 (PATENTS)
§ 389. Examination of international design application
(a) In General.—
The Director shall cause an examination to be made pursuant to this title of an international design application designating the United States.
(b) Applicability of Chapter 16.—
All questions of substance and, unless otherwise required by the treaty and Regulations, procedures regarding an international design application designating the United States shall be determined as in the case of applications filed under chapter 16.
(c) Fees.—
The Director may prescribe fees for filing international design applications, for designating the United States, and for any other processing, services, or materials relating to international design applications, and may provide for later payment of such fees, including surcharges for later submission of fees.
(d) Issuance of Patent.—
The Director may issue a patent based on an international design application designating the United States, in accordance with the provisions of this title. Such patent shall have the force and effect of a patent issued on an application filed under chapter 16.
(Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1530.)
heading: Effective Date
text: 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.
35 U.S.C. § 390 (PATENTS)
§ 390. Publication of international design application
The publication under the treaty of an international design application designating the United States shall be deemed a publication under section 122(b).
(Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1531.)
heading: Effective Date
text: 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.
36 U.S.C. § 101 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 101. American Heart Month
The President is requested to issue each year a proclamation—
(1) designating February as American Heart Month;
(2) inviting the chief executive officers of the States, territories, and possessions of the United States to issue proclamations designating February as American Heart Month; and
(3) urging the people of the United States to recognize the nationwide problem of heart and blood vessel diseases and to support all essential programs required to solve the problem.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1254.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
101
36:169b.
Dec. 30, 1963, Pub. L. 88–254, 77 Stat. 843.
In clause (2), the words “chief executive officers” are substituted for “Governors”, and the words “territories, and possessions” are substituted for “territories”, for clarity and consistency in the revised title and with other titles of the United States Code.
heading: Short Title of 2009 Amendment
text: Pub. L. 111–113, § 1, Dec. 14, 2009, 123 Stat. 3026, provided that: “This Act [amending sections 190104 and 190109 of this title] may be cited as the ‘Reserve Officers Association Modernization Act of 2009’.”
heading: Short Title of 2008 Amendment
text: Pub. L. 110–207, § 1, Apr. 30, 2008, 122 Stat. 719, provided that: “This Act [amending section 140503 of this title] may be cited as the ‘Purple Heart Family Equity Act of 2007’.”
heading: Short Title of 2007 Amendment
text: Pub. L. 110–26, § 1, May 11, 2007, 121 Stat. 103, provided that: “This Act [enacting sections 300111 and 300112 of this title, amending sections 300101 to 300105, 300107, 300109, and 300110 of this title, renumbering former section 300111 of this title as section 300113 of this title, and enacting provisions set out as a note under section 300101 of this title] may be cited as the ‘The American National Red Cross Governance Modernization Act of 2007’.”
heading: Short Title of 2005 Amendment
text: Pub. L. 109–9, title III, § 311, Apr. 27, 2005, 119 Stat. 226, provided that: “This subtitle [subtitle B (§§ 311, 312) of title III of Pub. L. 109–9, amending sections 151703, 151705, 151706, and 151711 of this title] may be cited as the ‘National Film Preservation Foundation Reauthorization Act of 2005’.”
heading: Short Title of 2002 Amendment
text: Pub. L. 107–323, § 1, Dec. 4, 2002, 116 Stat. 2787, provided that: “This Act [amending section 902 of this title and enacting provisions set out as a note under section 902 of this title] may be cited as the ‘POW/MIA Memorial Flag Act of 2002’.”
heading: Short Title of 1998 Amendment
text: Pub. L. 105–277, div. C, title I, § 142(a), Oct. 21, 1998, 112 Stat. 2681–603, provided that: “This section [enacting section 220512 of this title, amending sections 220501, 220503 to 220506, 220509 to 220511, 220521 to 220524, and 220528 of this title, and enacting provisions set out as a note under section 220501 of this title] may be cited as the ‘Olympic and Amateur Sports Act Amendments of 1998’.”
36 U.S.C. § 102 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 102. Asian/Pacific American Heritage Month
(a) Designation.—
May is Asian/Pacific American Heritage Month.
(b) Proclamations.—
The President is requested to issue each year a proclamation calling on the people of the United States, and the chief executive officers of each State of the United States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the Marshall Islands, Micronesia, and Palau are requested to issue each year proclamations calling on the people of their respective jurisdictions, to observe Asian/Pacific American Heritage Month with appropriate programs, ceremonies, and activities.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1254.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
102(a)
36:169k(a).
Oct. 23, 1992, Pub. L. 102–450, § 2, 106 Stat. 2251.
102(b)
36:169k(b)–(d).
36 U.S.C. § 103 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 103. Cancer Control Month
(a) General.—
The President is requested—
(1) to issue each year a proclamation designating April as Cancer Control Month; and
(2) to invite each year the chief executive officers of the States, territories, and possessions of the United States to issue proclamations designating April as Cancer Control Month.
(b) Contents of Proclamations.—
As part of those proclamations, the chief executive officers and President are requested to invite the medical profession, the press, and all agencies and individuals interested in a national program for the control of cancer by education and other cooperative means to unite during Cancer Control Month in a public dedication to the program and in a concerted effort to make the people of the United States aware of the need for the program.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
103
36:150.
Mar. 28, 1938, ch. 56, 52 Stat. 148.
In subsection (a)(2), the words “chief executive officers” are substituted for “Governors” for clarity and consistency in the revised title and with other titles of the United States Code.
36 U.S.C. § 104 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 104. Carl Garner Federal Lands Cleanup Day
(a) Designation.—
The first Saturday after Labor Day is Carl Garner Federal Lands Cleanup Day.
(b) Proclamation.—
The President shall issue a proclamation calling on the people of the United States to observe Carl Garner Federal Lands Cleanup Day with appropriate programs, ceremonies, and activities. However, activities may be undertaken in individual States on a day other than the first Saturday after Labor Day if a manager of Federal land decides that an alternative date is more appropriate because of climatological or other factors.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
104(a)
36:169i (1st sentence).
Aug. 27, 1986, Pub. L. 99–402, § 3, 100 Stat. 910; Nov. 12, 1996, Pub. L. 104–333, § 806, 110 Stat. 4188.
104(b)
36:169i (last sentence).
In subsection (b), the words “associated with Carl Garner Federal Lands Cleanup Day” are omitted as unnecessary.
36 U.S.C. § 105 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 105. Child Health Day
The President is requested to issue each year a proclamation—
(1) designating the first Monday in October as Child Health Day; and
(2) inviting all agencies and organizations interested in child welfare to unite on Child Health Day in observing exercises that will make the people of the United States aware of the fundamental necessity of a year-round program to protect and develop the health of the children of the United States.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
105
36:143.
May 18, 1928, ch. 643, 45 Stat. 617; Sept. 22, 1959, Pub. L. 86–352, 73 Stat. 627.
36 U.S.C. § 107 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 107. Columbus Day
The President is requested to issue each year a proclamation—
(1) designating the second Monday in October as Columbus Day;
(2) calling on United States Government officials to display the flag of the United States on all Government buildings on Columbus Day; and
(3) inviting the people of the United States to observe Columbus Day, in schools and churches, or other suitable places, with appropriate ceremonies that express the public sentiment befitting the anniversary of the discovery of America.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
107
36:146.
Apr. 30, 1934, ch. 184, 48 Stat. 657.
In clause (1), the words “the 2d Monday in October” are substituted for “October 12” in the Act of April 30, 1934 (ch. 184, 48 Stat. 657), because of section 1(b) of the Act of June 28, 1968 (Public Law 90–363, 82 Stat. 250).
36 U.S.C. § 108 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 108. Constitution Week
The President is requested to issue each year a proclamation—
(1) designating September 17 through September 23 as Constitution Week; and
(2) inviting the people of the United States to observe Constitution Week, in schools, churches, and other suitable places, with appropriate ceremonies and activities.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
108
36:159.
Aug. 2, 1956, ch. 875, 70 Stat. 932.
36 U.S.C. § 109 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 109. Father’s Day
(a) Designation.—
The third Sunday in June is Father’s Day.
(b) Proclamation.—
The President is requested to issue a proclamation—
(1) calling on United States Government officials to display the flag of the United States on all Government buildings on Father’s Day;
(2) inviting State and local governments and the people of the United States to observe Father’s Day with appropriate ceremonies; and
(3) urging the people of the United States to offer public and private expressions of Father’s Day to the abiding love and gratitude they have for their fathers.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
109(a)
36:142a (1st sentence).
Apr. 24, 1972, Pub. L. 92–278, 86 Stat. 124.
109(b)
36:142a (last sentence).
In subsection (b)(1), the word “appropriate” is omitted as unnecessary.
In subsection (b)(2), the words “State and local governments” are substituted for “the governments of the States and communities” for consistency in the revised title and with other titles of the United States Code.
36 U.S.C. § 110 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 110. Flag Day
(a) Designation.—
June 14 is Flag Day.
(b) Proclamation.—
The President is requested to issue each year a proclamation—
(1) calling on United States Government officials to display the flag of the United States on all Government buildings on Flag Day; and
(2) urging the people of the United States to observe Flag Day as the anniversary of the adoption on June 14, 1777, by the Continental Congress of the Stars and Stripes as the official flag of the United States.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
110(a)
36:157 (words before 1st comma).
Aug. 3, 1949, ch. 385, 63 Stat. 492.
110(b)
36:157 (words after 1st comma).
36 U.S.C. § 111 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 111. Gold Star Mother’s Day
(a) Designation.—
The last Sunday in September is Gold Star Mother’s Day.
(b) Proclamation.—
The President is requested to issue a proclamation calling on United States Government officials to display the flag of the United States on all Government buildings, and the people of the United States to display the flag and hold appropriate meetings at homes, churches, or other suitable places, on Gold Star Mother’s Day as a public expression of the love, sorrow, and reverence of the people for Gold Star Mothers.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
111(a)
36:148 (words before comma).
June 23, 1936, ch. 736, 49 Stat. 1895.
111(b)
36:147.
36:148 (words after comma).
In subsection (b), the text of 36:148 (words after comma) is omitted as unnecessary. The words “Gold Star Mother’s Day” are substituted for “the last Sunday in September” in 36:147 for clarity. The word “American” is omitted as unnecessary.
36 U.S.C. § 112 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 112. Honor America Days
(a) Designation.—
The 21 days from Flag Day through Independence Day is a period to honor America.
(b) Congressional Declaration.—
Congress declares that there be public gatherings and activities during that period at which the people of the United States can celebrate and honor their country in an appropriate way.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
112(a)
36:157b (words before comma).
June 13, 1975, Pub. L. 94–33, 89 Stat. 211.
112(b)
36:157b (words after comma).