Can I file a continuing application based on an international design application?

Yes, you can file a continuing application based on an international design application that designates the United States. The MPEP 2920 states:

“An applicant may file a continuing application that claims priority to an international design application designating the United States in accordance with 35 U.S.C. 386(c).”

This means that you can file continuation, divisional, or continuation-in-part applications based on an international design application, provided that the parent application designates the United States and meets other statutory requirements.

It’s important to note that the continuing application must be filed while the international design application is pending or within the time specified in 35 U.S.C. 386(c). Additionally, the continuing application must comply with the requirements for applications filed under 35 U.S.C. 171 and include a claim for priority.

To learn more:

Topics: MPEP 2900 - International Design Applications, MPEP 2920 - National Processing Of International Design Applications Designating The United States, Patent Law, Patent Procedure
Tags: Continuation, continuation-in-part, continuing application, divisional, International Design Application, Priority Claim