Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 200 - Types and Status of Application; Benefit and Priority (3)
The provisions of 35 U.S.C. 386(a) and (b) became effective for certain types of applications filed on or after May 13, 2015. According to MPEP 213.07:
The provisions of 35 U.S.C. 386(a) and (b) apply to nonprovisional applications, international applications (PCT) and international design applications filed on or after May 13, 2015, and patents issued therefrom. See 37 CFR 1.55(o).
This means that the right of priority under these sections is only applicable to:
- Nonprovisional applications
- International applications (PCT)
- International design applications
These applications must be filed on or after May 13, 2015, to be eligible for the priority rights under 35 U.S.C. 386(a) and (b). The same applies to patents issued from such applications.
For more information on 35 U.S.C. 386, visit: 35 U.S.C. 386.
For more information on effective date, visit: effective date.
For more information on nonprovisional application, visit: nonprovisional application.
35 U.S.C. 386 establishes the right of priority for international design applications. It addresses two key scenarios:
- National applications claiming priority from international design applications
- International design applications claiming priority from prior foreign applications
The MPEP explains:
“Pursuant to 35 U.S.C. 386(a) and 37 CFR 1.55, a nonprovisional application may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 with respect to a prior international design application that designates at least one country other than the United States.”
“Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) designating at least one country other than the United States, or a prior international design application designating at least one country other than the United States.”
These provisions apply to applications filed on or after May 13, 2015, and patents issued from such applications.
The right of priority under 35 U.S.C. 386(a) or (b) for international design applications is subject to specific conditions:
- It applies only to nonprovisional applications, international applications, and international design applications filed on or after May 13, 2015, and patents issuing from them.
- For nonprovisional applications, priority can be claimed with respect to a prior international design application that designates at least one country other than the United States.
- For international design applications designating the United States, priority can be claimed with respect to a prior foreign application, international application (PCT) designating at least one country other than the United States, or a prior international design application designating at least one country other than the United States.
The MPEP states: The right of priority under 35 U.S.C. 386(a) or (b) with respect to an international design application is applicable only to nonprovisional applications, international applications, and international design applications filed on or after May 13, 2015, and patents issuing thereon.
To learn more:
To learn more:
MPEP 213-Right of Priority of Foreign Application (2)
The provisions of 35 U.S.C. 386(a) and (b) became effective for certain types of applications filed on or after May 13, 2015. According to MPEP 213.07:
The provisions of 35 U.S.C. 386(a) and (b) apply to nonprovisional applications, international applications (PCT) and international design applications filed on or after May 13, 2015, and patents issued therefrom. See 37 CFR 1.55(o).
This means that the right of priority under these sections is only applicable to:
- Nonprovisional applications
- International applications (PCT)
- International design applications
These applications must be filed on or after May 13, 2015, to be eligible for the priority rights under 35 U.S.C. 386(a) and (b). The same applies to patents issued from such applications.
For more information on 35 U.S.C. 386, visit: 35 U.S.C. 386.
For more information on effective date, visit: effective date.
For more information on nonprovisional application, visit: nonprovisional application.
35 U.S.C. 386 establishes the right of priority for international design applications. It addresses two key scenarios:
- National applications claiming priority from international design applications
- International design applications claiming priority from prior foreign applications
The MPEP explains:
“Pursuant to 35 U.S.C. 386(a) and 37 CFR 1.55, a nonprovisional application may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 with respect to a prior international design application that designates at least one country other than the United States.”
“Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) designating at least one country other than the United States, or a prior international design application designating at least one country other than the United States.”
These provisions apply to applications filed on or after May 13, 2015, and patents issued from such applications.
Patent Law (3)
The provisions of 35 U.S.C. 386(a) and (b) became effective for certain types of applications filed on or after May 13, 2015. According to MPEP 213.07:
The provisions of 35 U.S.C. 386(a) and (b) apply to nonprovisional applications, international applications (PCT) and international design applications filed on or after May 13, 2015, and patents issued therefrom. See 37 CFR 1.55(o).
This means that the right of priority under these sections is only applicable to:
- Nonprovisional applications
- International applications (PCT)
- International design applications
These applications must be filed on or after May 13, 2015, to be eligible for the priority rights under 35 U.S.C. 386(a) and (b). The same applies to patents issued from such applications.
For more information on 35 U.S.C. 386, visit: 35 U.S.C. 386.
For more information on effective date, visit: effective date.
For more information on nonprovisional application, visit: nonprovisional application.
35 U.S.C. 386 establishes the right of priority for international design applications. It addresses two key scenarios:
- National applications claiming priority from international design applications
- International design applications claiming priority from prior foreign applications
The MPEP explains:
“Pursuant to 35 U.S.C. 386(a) and 37 CFR 1.55, a nonprovisional application may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 with respect to a prior international design application that designates at least one country other than the United States.”
“Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) designating at least one country other than the United States, or a prior international design application designating at least one country other than the United States.”
These provisions apply to applications filed on or after May 13, 2015, and patents issued from such applications.
The right of priority under 35 U.S.C. 386(a) or (b) for international design applications is subject to specific conditions:
- It applies only to nonprovisional applications, international applications, and international design applications filed on or after May 13, 2015, and patents issuing from them.
- For nonprovisional applications, priority can be claimed with respect to a prior international design application that designates at least one country other than the United States.
- For international design applications designating the United States, priority can be claimed with respect to a prior foreign application, international application (PCT) designating at least one country other than the United States, or a prior international design application designating at least one country other than the United States.
The MPEP states: The right of priority under 35 U.S.C. 386(a) or (b) with respect to an international design application is applicable only to nonprovisional applications, international applications, and international design applications filed on or after May 13, 2015, and patents issuing thereon.
To learn more:
To learn more:
Patent Procedure (3)
The provisions of 35 U.S.C. 386(a) and (b) became effective for certain types of applications filed on or after May 13, 2015. According to MPEP 213.07:
The provisions of 35 U.S.C. 386(a) and (b) apply to nonprovisional applications, international applications (PCT) and international design applications filed on or after May 13, 2015, and patents issued therefrom. See 37 CFR 1.55(o).
This means that the right of priority under these sections is only applicable to:
- Nonprovisional applications
- International applications (PCT)
- International design applications
These applications must be filed on or after May 13, 2015, to be eligible for the priority rights under 35 U.S.C. 386(a) and (b). The same applies to patents issued from such applications.
For more information on 35 U.S.C. 386, visit: 35 U.S.C. 386.
For more information on effective date, visit: effective date.
For more information on nonprovisional application, visit: nonprovisional application.
35 U.S.C. 386 establishes the right of priority for international design applications. It addresses two key scenarios:
- National applications claiming priority from international design applications
- International design applications claiming priority from prior foreign applications
The MPEP explains:
“Pursuant to 35 U.S.C. 386(a) and 37 CFR 1.55, a nonprovisional application may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 with respect to a prior international design application that designates at least one country other than the United States.”
“Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) designating at least one country other than the United States, or a prior international design application designating at least one country other than the United States.”
These provisions apply to applications filed on or after May 13, 2015, and patents issued from such applications.
The right of priority under 35 U.S.C. 386(a) or (b) for international design applications is subject to specific conditions:
- It applies only to nonprovisional applications, international applications, and international design applications filed on or after May 13, 2015, and patents issuing from them.
- For nonprovisional applications, priority can be claimed with respect to a prior international design application that designates at least one country other than the United States.
- For international design applications designating the United States, priority can be claimed with respect to a prior foreign application, international application (PCT) designating at least one country other than the United States, or a prior international design application designating at least one country other than the United States.
The MPEP states: The right of priority under 35 U.S.C. 386(a) or (b) with respect to an international design application is applicable only to nonprovisional applications, international applications, and international design applications filed on or after May 13, 2015, and patents issuing thereon.
To learn more:
To learn more: