What are the requirements for an international design application to be entitled to a filing date?

For an international design application to be used as a basis for claiming benefit, it must meet specific filing date requirements. MPEP § 211.01(d) states:

To obtain benefit of the filing date of a prior international design application designating the United States, the international design application must be entitled to a filing date in accordance with 37 CFR 1.1023. See 37 CFR 1.78(d)(1)(ii).

This means that the international design application must comply with the requirements set forth in 37 CFR 1.1023 to establish a valid filing date. These requirements typically include proper designation of the United States and adherence to other formal application standards.

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

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 211 - Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e), Patent Law, Patent Procedure
Tags: filing date requirements