How does claiming the benefit of an international design application affect the effective filing date?

Claiming the benefit of an international design application under 35 U.S.C. 386(c) can potentially establish an earlier effective filing date for a nonprovisional application. This is significant because the effective filing date is used to determine which prior art is applicable during examination.

As stated in the MPEP:

“Pursuant to 35 U.S.C. 386(c), in accordance with the conditions and requirements of 35 U.S.C. 120, a nonprovisional application is entitled to the benefit of a prior international design application designating the United States.”

By claiming this benefit, the nonprovisional application can potentially use the filing date of the international design application as its effective filing date, provided all requirements are met. This earlier date can be crucial for overcoming prior art references and establishing priority in the field.

For more information on 35 U.S.C. 386(c), visit: 35 U.S.C. 386(c).

For more information on effective filing date, visit: effective filing date.

For more information on prior art, visit: prior art.