How can an applicant claim benefit of an international design application?

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.

To claim benefit of an international design application designating the United States, the following requirements must be met:

• The claim must be made in a nonprovisional application, international application, or international design application filed on or after May 13, 2015
• The international design application must be entitled to a filing date in accordance with 37 CFR 1.1023
• The claim must meet the conditions and requirements of 35 U.S.C. 120

MPEP 211.01(d) states: 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.

It’s important to note that this benefit can only be claimed in applications or patents filed on or after May 13, 2015, as specified in 37 CFR 1.78(j).