How does an international application designating the US affect benefit claims?

Question

Accepted Answer

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. An international application designating the United States can be used as a basis for claiming benefit in a nonprovisional application. The MPEP 211.01(b) states: Any nonprovisional application claiming the benefit of one or more prior-filed copending nonprovisional applications or international applications designating the United States must include a reference to each such prior-filed application, identifying it by application number (consisting of the series code and serial number) or international application number and international filing date and indicating the relationship of the applications. When claiming benefit from an international application, you must provide: The international application number The international filing date The relationship between the applications It’s important to note that the international application must designate the United States for it to be eligible as a basis for a benefit claim in a U.S. nonprovisional application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claiming Benefit of Prior Filed Provisional Application MPEP 211 Permitted Petition for Nonprovisional Application Benefit Claim MPEP 211 Required Claiming Benefit of Prior Applications MPEP 211 Permitted Nonprovisional Application Must Be Filed Within 12 Months of Provisional MPEP 211.01(b) Required Relationship of Later-Filed Application Must Be Identified MPEP 211 Required Reference to Prior Provisional Application Required in Nonprovisional Application MPEP 211 Required Intermediate Nonprovisional Application Must Indicate Benefit of Provisionals MPEP 211.01(b) Required Provisional Application Must Be Entitled to Filing Date and Fee Paid MPEP 211 Required...