How do I claim priority in a nonprovisional international design application?
To claim priority in a nonprovisional international design application: Include a priority claim in the international design application when filed with the International Bureau (IB). The priority claim must specify the application number and filing date of the priority application. File a certified copy of the priority application with the IB or the USPTO, or…
Read MoreWhat 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 MoreWhat conditions must be met for an international design application to be used as a basis for benefit claims?
For an international design application to be used as a basis for benefit claims, it must meet certain conditions. The MPEP specifies: 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 a filing date in accordance with 37 CFR…
Read MoreWhat is the benefit claim under 35 U.S.C. 386(c) for international design applications?
Under 35 U.S.C. 386(c), an international design application designating the United States can claim the benefit of the filing date of a prior nonprovisional application, international application (PCT) designating the United States, or international design application designating the United States. Conversely, a nonprovisional application can claim the benefit of a prior international design application designating…
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…
Read MoreWhat are the requirements for claiming foreign priority in an international design application designating the United States?
For an international design application designating the United States, the requirements for claiming foreign priority are as follows: The claim for priority can be made in accordance with the Hague Agreement and the Hague Agreement Regulations. The claim must comply with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172. Priority can be claimed…
Read MoreHow does the right of priority work for international design applications?
The right of priority for international design applications is governed by 35 U.S.C. 386. There are two main scenarios: A U.S. national application can claim priority from a prior international design application that designated at least one country other than the United States. An international design application designating the United States can claim priority from…
Read MoreWhat are the time limits for filing a certified copy in an international design application?
The time limits for filing a certified copy in an international design application are: General rule: Within the later of four months from the filing date of the international design application, or sixteen months from the filing date of the prior foreign application. Exception: These time limits do not apply if the priority document is…
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