What conditions must be met for an international design application to be used as a basis for benefit claims?

For an international design application to be used as a basis for benefit claims, it must meet certain conditions. The MPEP specifies:

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.

This means that the international design application must have a valid filing date as determined by the regulations set forth in 37 CFR 1.1023. These regulations outline the requirements for establishing a filing date for international design applications, which typically include submitting the necessary documents and fees to the International Bureau or an appropriate office.

Additionally, the application claiming benefit must comply with the requirements of 35 U.S.C. 120, which include proper copendency and specific reference to the earlier application.

To learn more:

• international design application
• benefit claim
• filing date
• 37 CFR 1.1023
• 35 U.S.C. 120

To learn more:

• 37 CFR 1.1023
• 35 U.S.C. 120