What is the benefit claim under 35 U.S.C. 386(c) for international design applications?

Under 35 U.S.C. 386(c), a nonprovisional application can claim the benefit of a prior international design application designating the United States, subject to the conditions and requirements of 35 U.S.C. 120. This provision allows applicants to establish an earlier effective filing date for their nonprovisional applications based on their international design applications.

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.”

This benefit claim can be crucial for establishing priority and overcoming prior art references.

For more information on 35 U.S.C. 120, visit: 35 U.S.C. 120.

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

For more information on nonprovisional application, visit: nonprovisional application.

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: 35 U.S.C. 120, 35 U.S.C. 386(c), nonprovisional application