What are the requirements for obtaining benefit of the filing date of a prior international design application?
To obtain the benefit of the filing date of a prior international design application designating the United States, the international design application must meet specific requirements. According to the MPEP: To obtain benefit of the filing date of a prior international design application designating the United States, the international design application must be entitled to…
Read MoreWhat effect does a PCT application designating the US have on filing subsequent US applications?
A PCT application designating the United States has significant effects on filing subsequent U.S. applications. According to 35 U.S.C. 363, “An international application designating the United States shall have the effect, from its international filing date under article 11 of the treaty, of a national application for patent regularly filed in the Patent and Trademark…
Read MoreCan a continuation-in-part (CIP) application claim the benefit of a prior application’s filing date?
A continuation-in-part (CIP) application can claim the benefit of a prior application’s filing date, but with important limitations: Only the subject matter common to both the CIP and the prior application can claim the earlier filing date. New matter introduced in the CIP will have the filing date of the CIP application. Each claim in…
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