Can an international design application claim benefit of a prior U.S. patent application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, an international design application can claim benefit of a prior U.S. patent application. This is explicitly stated in MPEP 2920.05(e):

“An international design application designating the United States may make a claim for benefit of an earlier filing date in accordance with the law and procedure of the United States.”

Furthermore, the MPEP clarifies:

“Specifically, a claim for benefit of a prior U.S. application may be made in an international design application pursuant to 35 U.S.C. 386(c) and 37 CFR 1.78.”

To claim this benefit, applicants must follow the procedures outlined in 37 CFR 1.78, which includes making a proper reference to the earlier application in the international design application.