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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse International Application Designating U.S. Has Effect of National Application MPEP 211.01(c) Required Benefit Under 35 U.S.C. 386(c) for Design Applications Filed on or After May 13, 2015 MPEP 211 Petition for Nonprovisional Application Benefit Claim MPEP 211 Required PCT International Application Filing Before November 29, 2000 MPEP 211 International Application Filing Effect MPEP 211.01(c) Requirement for Designating US and PCT Filing Date MPEP 211.01(c) Required National Application Entitled to International Filing Date MPEP 211.01(c) Required Claiming Benefit of Prior Applications MPEP 211 Permitted Identification of Application by Number Required for Reference MPEP 211 Required Amendment Required for Earlier Filing Date Benefit MPEP 211 Required Other Related FAQs 5 FAQs Collapse What happens if an internat...