How does a continuing application claim benefit to a prior-filed international application?

How does a continuing application claim benefit to a prior-filed international application?

A continuing application can claim benefit to a prior-filed international application that designates the United States. The MPEP 211.01(b) states:

‘A nonprovisional application may claim benefit under 35 U.S.C. 120 to an international application designating the United States only if the international application was filed on or after November 29, 2000.’

To claim this benefit, the following conditions must be met:

• The international application must designate the United States
• It must be filed on or after November 29, 2000
• The benefit claim must be made in accordance with 37 CFR 1.78
• The continuing application must be filed while the international application is pending before the USPTO or within the time period set in 35 U.S.C. 120, 121, 365(c), or 386(c)

It’s important to note that the benefit claim is to the international application itself, not to its national stage in the United States.

To learn more:

• continuing application
• international application
• benefit claim
• PCT
• 35 U.S.C. 120

To learn more:

• 35 U.S.C. 120