What is the time limit for claiming benefit of a prior-filed application in an international design application?

The time limit for claiming benefit of a prior-filed application in an international design application is specified in MPEP 2920.05(e): “The right of priority may be restored where the international design application is filed after the expiration of the priority period but within a period of two months from the expiration of the priority period.”…

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What is the process for submitting a benefit claim under 35 U.S.C. 120 to overcome a pre-AIA 35 U.S.C. 102(b) rejection?

To submit a benefit claim under 35 U.S.C. 120 to overcome a pre-AIA 35 U.S.C. 102(b) rejection, you must: File a corrected application data sheet (ADS) or amend the specification, depending on the application filing date: For applications filed on or after September 16, 2012: File a corrected ADS under 37 CFR 1.76 with a…

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What are the requirements for a U.S. patent document to claim priority or benefit under AIA 35 U.S.C. 102(d)?

For a U.S. patent document to be “entitled to claim” priority or benefit of a prior-filed application under AIA 35 U.S.C. 102(d), it must meet three ministerial requirements: Contain a priority or benefit claim to the prior-filed application Be filed within the applicable filing period requirement Have a common inventor or be by the same…

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How does the Patent Law Treaties Implementation Act (PLTIA) affect provisional application benefits?

The Patent Law Treaties Implementation Act (PLTIA) has introduced important changes regarding the benefit claims for provisional applications. According to MPEP 2133.02(a): “Effective December 18, 2013, title II of the Patent Law Treaties Implementation Act (PLTIA) provides for restoration of the right to claim benefit of a provisional application filed after the expiration of the…

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What is the Patent Law Treaties Implementation Act (PLTIA) and how does it affect benefit claims?

The Patent Law Treaties Implementation Act (PLTIA) is legislation that affects benefit claims, particularly those related to provisional applications. Key points include: Effective from December 18, 2013 Provides for restoration of the right to claim benefit of a provisional application filed after the expiration of the twelve-month period in 35 U.S.C. 119(e) May allow applicants…

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Can an international design application claim benefit to a provisional application?

No, an international design application designating the United States cannot claim benefit to a provisional application. This is explicitly stated in the MPEP: An international design application designating the United States may not claim benefit to a provisional application. See 37 CFR 1.78(a). This restriction is important for applicants to understand when considering their filing…

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