Can I file a continuing application based on an international design application?

Yes, you can file a continuing application based on an international design application that designates the United States. The MPEP 2920 states: “An applicant may file a continuing application that claims priority to an international design application designating the United States in accordance with 35 U.S.C. 386(c).” This means that you can file continuation, divisional,…

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What are the consequences of not providing a certified translation for a foreign benefit application?

Failing to provide a certified translation for a foreign benefit application can have significant consequences. According to MPEP 2304.01(c): “Any showing of priority that relies on a non-English language application is prima facie insufficient if no certified translation of the application is on file.” This means that without a certified translation, the applicant may not…

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How can applicants claim foreign priority in international design applications designating the United States?

Applicants can claim foreign priority in international design applications designating the United States under certain conditions: The claim must be in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations. The priority claim can be made to a prior foreign application, international application (PCT) designating at…

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How is the priority claim handled in a U.S. national stage application?

The handling of priority claims in U.S. national stage applications involves specific procedures and requirements. The MPEP states, “To obtain priority in the U.S. national stage application to such applications, the priority must have been timely claimed in the international stage of the international application.” Priority claims are based on 35 U.S.C. 365(b) and must…

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What are the priority claim requirements for a national application under 35 U.S.C. 111(a) versus a national stage application under 35 U.S.C. 371?

The priority claim requirements differ as follows: For a national application under 35 U.S.C. 111(a): The claim for priority must be filed within the later of four months from the actual filing date or sixteen months from the prior foreign application filing date, as per 37 CFR 1.55(d). For a national stage application under 35…

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