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