What are the requirements for claiming benefit under 35 U.S.C. 120 in a design patent application?

To claim benefit under 35 U.S.C. 120 in a design patent application, the following requirements must be met:

• The later-filed application must contain a reference to the prior-filed copending application.
• For applications filed on or after September 16, 2012, the specific reference must be in the application data sheet (37 CFR 1.76).
• For applications filed prior to September 16, 2012, the specific reference must be in the first sentence(s) of the specification or in an application data sheet.
• The prior-filed application must name the inventor or a joint inventor named in the later-filed application as the inventor or a joint inventor.
• The prior-filed application must be either a nonprovisional application, an international design application designating the United States, or an international application designating the United States.

As stated in the MPEP: “For a benefit claim under 35 U.S.C. 120, the later-filed application must contain a reference to the prior-filed copending application.” This reference is crucial for establishing the continuity between the applications.

To learn more:

• design patents
• benefit claims
• continuation applications
• 35 U.S.C. 120
• application data sheet
• prior-filed application