Can a continuation-in-part application claim benefit from an international application?

Can a continuation-in-part application claim benefit from an international application?

Yes, a continuation-in-part (CIP) application can claim benefit from an international application, but there are specific requirements and limitations. The MPEP 211.01(c) states:

A U.S. national application may claim benefit under 35 U.S.C. 120 and 365(c) to an international application designating the United States only if the international application was filed on or after November 29, 2000.

However, it’s crucial to understand that for a CIP application, the benefit claim is limited to the subject matter that was disclosed in the international application. Any new matter added in the CIP would not receive the benefit of the international application’s filing date. Additionally, the CIP must meet all the requirements of 35 U.S.C. 120, including copendency and specific reference to the earlier application.

To learn more:

• Continuation-in-part
• International application
• Benefit claim
• 35 U.S.C. 120
• 35 U.S.C. 365(c)

To learn more:

• 35 U.S.C. 120
• 35 U.S.C. 365(c)