What are the conditions for claiming priority under 35 U.S.C. 386(a) or (b)?
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…
Read MoreWhen did the provisions of 35 U.S.C. 386(a) and (b) become effective?
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…
Read MoreWhat is the significance of 35 U.S.C. 386 for international design applications?
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…
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