How does the USPTO handle benefit claims in international design applications?

The USPTO handles benefit claims in international design applications according to specific procedures outlined in MPEP 2920.05(e):

“Pursuant to 37 CFR 1.78(d)(2), the nonprovisional application must contain or be amended to contain a reference to the prior international design application, identifying it by international registration number (if assigned) or by application number and filing date under 35 U.S.C. 111(a) or international filing date and such reference must be submitted during the pendency of the later-filed application.”

Key points to remember:

• The nonprovisional application must contain a reference to the prior international design application.
• The reference must identify the prior application by international registration number or application number and filing date.
• This reference must be submitted while the later-filed application is pending.

It’s important to follow these requirements carefully to ensure proper handling of benefit claims by the USPTO.

To learn more:

• USPTO
• benefit claims
• international design applications
• application reference