How does 35 U.S.C. 365(c) relate to claiming benefit of an international application?

35 U.S.C. 365(c) is a crucial provision for claiming the benefit of an international application’s filing date in a subsequent national application. As explained in MPEP 211.01(c):

The first sentence of 35 U.S.C. 365(c) specifically provides that ‘[i]n accordance with the conditions and requirements of section 120,… a national application shall be entitled to the benefit of the filing date of a prior international application designating the United States.’

This provision allows applicants to claim the priority of an international application in a later-filed U.S. national application, provided they meet the conditions set forth in 35 U.S.C. 120. One key condition is timing, as the MPEP notes:

The condition of 35 U.S.C. 120 relating to the time of filing requires the later application to be ‘filed before the patenting or abandonment of or termination of proceedings on the first application….’

This means that the national application must be filed while the international application is still pending to claim its benefit.

For more information on 35 U.S.C. 120, visit: 35 U.S.C. 120.

For more information on 35 U.S.C. 365(c), visit: 35 U.S.C. 365(c).