What is the benefit claim under 35 U.S.C. 386(c) for international design applications?
Under 35 U.S.C. 386(c), an international design application designating the United States can claim the benefit of the filing date of a prior nonprovisional application, international application (PCT) designating the United States, or international design application designating the United States. Conversely, a nonprovisional application can claim the benefit of a prior international design application designating the United States.
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, an international design application designating the United States is entitled to claim the benefit of the filing date of a prior nonprovisional application, international application (PCT) designating the United States, or international design application designating the United States, and a nonprovisional application is entitled to the benefit of a prior international design application designating the United States.
It’s important to note that this benefit claim is only applicable to applications filed on or after May 13, 2015.
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