When can benefit under 35 U.S.C. 386(c) be claimed for international design applications?

Benefit under 35 U.S.C. 386(c) for international design applications can only be claimed in specific types of applications filed on or after May 13, 2015. The MPEP states:

37 CFR 1.78(j) provides that benefit under 35 U.S.C. 386(c) with respect to an international design application can only be claimed in nonprovisional applications, international applications, and international design applications filed on or after May 13, 2015, and patents issuing thereon.

This means that applications filed before May 13, 2015, cannot claim the benefit of an international design application under 35 U.S.C. 386(c). It’s important for applicants to be aware of this date restriction when considering benefit claims for their patent applications.

To learn more:

• 35 U.S.C. 386(c)
• benefit claim
• international design application
• filing date
• nonprovisional application

To learn more:

• 35 U.S.C. 386(c)