Can an international design application claim benefit to a provisional application?

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.

No, an international design application designating the United States cannot claim benefit to a provisional application. This is explicitly stated in the MPEP: An international design application designating the United States may not claim benefit to a provisional application. See 37 CFR 1.78(a).

This restriction is important for applicants to understand when considering their filing strategies and benefit claims for international design applications.