MPEP § 211.01(d) — Claiming the Benefit of an International Design Application Designating the United States (Annotated Rules)
§211.01(d) Claiming the Benefit of an International Design Application Designating the United States
This page consolidates and annotates all enforceable requirements under MPEP § 211.01(d), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Claiming the Benefit of an International Design Application Designating the United States
This section addresses Claiming the Benefit of an International Design Application Designating the United States. Primary authority: 35 U.S.C. 386(c), 35 U.S.C. 120, and 37 CFR 1.78(j). Contains: 1 requirement, 1 permission, and 1 other statement.
Key Rules
Design Benefit Claims
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. See MPEP §§ 211 and 2920.05(e). 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. To obtain benefit of the filing date of a prior international design application designating the United States, the international design application must be entitled to a filing date in accordance with 37 CFR 1.1023. See 37 CFR 1.78(d)(1)(ii).
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. See MPEP §§ 211 and 2920.05(e). 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. To obtain benefit of the filing date of a prior international design application designating the United States, the international design application must be entitled to a filing date in accordance with 37 CFR 1.1023. See 37 CFR 1.78(d)(1)(ii).
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. See MPEP §§ 211 and 2920.05(e). 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. To obtain benefit of the filing date of a prior international design application designating the United States, the international design application must be entitled to a filing date in accordance with 37 CFR 1.1023. See 37 CFR 1.78(d)(1)(ii).
See MPEP § 2920.05(e) for additional information pertaining to benefit claims under 35 U.S.C. 386(c).
Citations
| Primary topic | Citation |
|---|---|
| Design Benefit Claims | 35 U.S.C. § 120 |
| Design Benefit Claims | 35 U.S.C. § 386(c) |
| Design Benefit Claims | 37 CFR § 1.1023 |
| Design Benefit Claims | 37 CFR § 1.78(d)(1)(ii) |
| Design Benefit Claims | 37 CFR § 1.78(j) |
| Design Benefit Claims | MPEP § 211 |
| Design Benefit Claims | MPEP § 2920.05(e) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 211.01(d) — Claiming the Benefit of an International Design Application Designating the United States
Source: USPTO211.01(d) Claiming the Benefit of an International Design Application Designating the United States [R-07.2015]
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. See MPEP §§ 211 and 2920.05(e). 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. To obtain benefit of the filing date of a prior international design application designating the United States, the international design application must be entitled to a filing date in accordance with 37 CFR 1.1023. See 37 CFR 1.78(d)(1)(ii).
See MPEP § 2920.05(e) for additional information pertaining to benefit claims under 35 U.S.C. 386(c).