Can an international design application claim benefit to a provisional application?
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.
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2920.05(E) - Benefit Claims Under 35 U.S.C. 386(C),
Patent Law,
Patent Procedure