What are the conditions for a national application to claim the benefit of a prior international application?

For a national application to claim the benefit of a prior international application designating the United States, certain conditions must be met. MPEP 211.01(c) outlines these conditions, referencing 35 U.S.C. 365(c) and 35 U.S.C. 120:

The first sentence of 35 U.S.C. 365(c) specifically provides that ‘[i]n accordance with the conditions and requirements of section 120,… a national application shall be entitled to the benefit of the filing date of a prior international application designating the United States.’

The key conditions include:

• The international application must designate the United States
• The national application must be filed before the patenting, abandonment, or termination of proceedings on the international application
• The national application must contain a specific reference to the international application
• The international application must comply with the requirements of 35 U.S.C. 371(c)

Additionally, the MPEP states:

The condition of 35 U.S.C. 120 relating to the time of filing requires the later application to be ‘filed before the patenting or abandonment of or termination of proceedings on the first application….’

Meeting these conditions allows applicants to claim the earlier filing date of the international application, which can be crucial for establishing priority and overcoming prior art references.

To learn more:

• benefit claim
• international application
• national application
• 35 U.S.C. 365(c)
• 35 U.S.C. 120

To learn more:

• 35 U.S.C. 365(c)
• 35 U.S.C. 120