Can an international design application claim benefit of a prior U.S. patent application?

Yes, an international design application can claim benefit of a prior U.S. patent application. This is explicitly stated in MPEP 2920.05(e): “An international design application designating the United States may make a claim for benefit of an earlier filing date in accordance with the law and procedure of the United States.” Furthermore, the MPEP clarifies:…

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How can an application identify an international design application when claiming benefit under 35 U.S.C. 386(c)?

When an application is claiming benefit under 35 U.S.C. 386(c) to an international design application designating the United States, it can identify the international design application in one of two ways: By the U.S. application number By the international registration number and U.S. filing date under 37 CFR 1.1023 This is specified in the MPEP:…

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How can applicants claim benefit of earlier filing dates in international design applications?

Applicants can claim the benefit of earlier filing dates in international design applications designating the United States under certain conditions: Claims can be made under 35 U.S.C. 386(c) to prior nonprovisional applications, international applications (PCT) designating the US, or international design applications designating the US. The international design application must be entitled to a filing…

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How does submitting a benefit claim under 35 U.S.C. 119(e) help overcome a pre-AIA 35 U.S.C. 102(b) rejection?

Submitting a benefit claim under 35 U.S.C. 119(e) can help overcome a pre-AIA 35 U.S.C. 102(b) rejection by potentially changing the effective filing date of your application. Here’s how it works: Submit and perfect the benefit claim under 35 U.S.C. 119(e) by complying with the requirements of 37 CFR 1.78. If successful, the examiner must…

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