How can an application identify an international design application when claiming benefit under 35 U.S.C. 386(c)?

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.

When an application is claiming benefit under 35 U.S.C. 386(c) to an international design application designating the United States, it can identify the international design application in one of two ways:

1. By the U.S. application number
2. By the international registration number and U.S. filing date under 37 CFR 1.1023

This is specified in the MPEP: An application claiming benefit under 35 U.S.C. 386(c) to an international design application designating the United States may identify the international design application by the U.S. application number or by the international registration number and U.S. filing date under 37 CFR 1.1023. See 37 CFR 1.78(d)(2).

This flexibility in identification allows applicants to reference the international design application in the most appropriate manner for their specific situation.