What are the requirements for claiming benefit of an international application in a U.S. national application?
What are the requirements for claiming benefit of an international application in a U.S. national application?
To claim the benefit of an international application in a U.S. national application, certain requirements must be met. According to MPEP 211.01(c):
‘In order for a U.S. national application to be entitled to the benefit of the filing date of an international application, all the following conditions must be satisfied:
- (A) The international application must designate the United States;
- (B) The international application must have been filed on or after January 1, 1979;
- (C) The international application must have been filed by a U.S. national or resident, or by a foreign national of a PCT member country;
- (D) The U.S. national application must have been filed within the time period set forth in 35 U.S.C. 371(c); and
- (E) The applicant in the U.S. national application must have complied with the requirements of 35 U.S.C. 371(c).’
These conditions ensure that the international application is properly linked to the U.S. national application and that all necessary procedural steps have been followed.
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Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure