How does the AIA FITF system affect the prior-filed application requirements?
How does the AIA FITF system affect the prior-filed application requirements? The America Invents Act (AIA) First Inventor to File (FITF) system has introduced some changes to the prior-filed application requirements. The MPEP explains: “AIA 35 U.S.C. 120, 121, 365(c), and 386(c) require that the prior-filed application to which benefit is claimed must name the…
Read MoreWhat types of applications can claim benefit under 35 U.S.C. 386(c)?
According to the MPEP, specific types of applications can claim benefit under 35 U.S.C. 386(c). The relevant passage states: 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,…
Read MoreWhat is the legal basis for claiming the benefit of an international design application designating the United States?
The legal basis for claiming the benefit of an international design application designating the United States is found in 35 U.S.C. 386(c). This statute allows a nonprovisional application to claim the benefit of a prior international design application, subject to the conditions and requirements of 35 U.S.C. 120. As stated in the MPEP: Pursuant to…
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