How can applicants claim benefit of earlier filing dates in international design applications?

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.

Applicants can claim the benefit of earlier filing dates in international design applications designating the United States under certain conditions:

• Claims can be made under 35 U.S.C. 386(c) to prior nonprovisional applications, international applications (PCT) designating the US, or international design applications designating the US.
• The international design application must be entitled to a filing date in accordance with 37 CFR 1.1023.
• The applications must be copending, based on the U.S. filing date of the international design application.
• The benefit claim must be presented in an application data sheet, identifying the prior application by application number or international registration number and U.S. filing date.

As stated in 37 CFR 1.78(d)(2): If the later-filed application is a nonprovisional application, the reference required by this paragraph must be included in an application data sheet (§ 1.76(b)(5)).