What is the legal basis for claiming the benefit of an international design application designating the United States?
The legal basis for claiming the benefit of an international design application designating the United States is found in 35 U.S.C. 386(c). This statute allows a nonprovisional application to claim the benefit of a prior international design application, subject to the conditions and requirements of 35 U.S.C. 120.
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 means that applicants can potentially secure an earlier effective filing date for their nonprovisional application by claiming the benefit of a previously filed international design application.
To learn more:
- international design application
- benefit claim
- nonprovisional application
- 35 U.S.C. 386(c)
- 35 U.S.C. 120
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