What is the legal basis for claiming the benefit of an international design application designating the United States?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 8 Rules 5 Related FAQs 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. The legal basis for claiming the benefit of an international design application designating the United States is found in 35 U.S.C. 386(c) . This statute allows a nonprovisional application to claim the benefit of a prior international design application, subject to the conditions and requirements of 35 U.S.C. 120 . As stated in the MPEP: Pursuant to 35 U.S.C. 386(c), in accordance with the conditions and requirements of 35 U.S.C. 120, a nonprovisional application is entitled to the benefit of a prior international design application designating the United States. This means that applicants can potentially secure an earlier effective filing date for their nonprovisional application by claiming the benefit of a previously filed international design application. Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse Individuals Must Disclose Material Information for Patentability MPEP 2005 Requirement for Examiner to Obtain Reasonably Necessary Information MPEP 2005 Examiner Can Require Information Under 37 CFR 1.105 MPEP 2005 Materiality vs Reasonable Necessity for Disclosure MPEP 2005 Permitted Information Required for Examination Not Necessarily Material to Patentability MPEP 2005 Required Examiner May Require Assignee Information MPEP 2005 Permitted Examiner Can Require Drug Product Manufacturing Details MPEP 2005 Permitted Requirement for Submission of Non-Patentability Material MPEP 2001.04 Other Related FAQs 5 FAQs Collapse What is an inventor&#8217;s certificate and how does it relate to patent priority rights? What happens if an international application designating the US is withdrawn? How does an international application designating the US affect benefit claims...