Can a US national application claim benefit of an international application that entered national stage in another country?
Can a US national application claim benefit of an international application that entered national stage in another country?
Yes, a U.S. national application can claim the benefit of an international application that entered the national stage in another country, as long as certain conditions are met. The MPEP provides guidance on this:
“A U.S. national application may claim benefit under 35 U.S.C. 120 and 365(c) to an international application which designates at least one country other than the United States only if the international application has been accorded an international filing date and meets the requirements of 35 U.S.C. 371(c).”
This means that for a U.S. application to claim benefit from an international application that entered the national stage elsewhere, the international application must:
- Have an international filing date
- Designate at least one country other than the United States
- Meet the requirements of 35 U.S.C. 371(c)
It’s important to note that the benefit claim is made under both 35 U.S.C. 120 (for continuing applications) and 35 U.S.C. 365(c) (for international applications).
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