What are the requirements for obtaining benefit of the filing date of a prior international design application?

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.

To obtain the benefit of the filing date of a prior international design application designating the United States, the international design application must meet specific requirements. According to the MPEP:

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 filing date requirements set forth in 37 CFR 1.1023, which include submitting the required elements for an international design application. Ensuring compliance with these requirements is crucial for securing the desired filing date benefit.