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.
According to the MPEP, specific types of applications can claim benefit under 35 U.S.C. 386(c). The relevant passage states:
37 CFR 1.78(j) provides that benefit under 35 U.S.C. 386(c) with respect to an international design application can only be claimed in nonprovisional applications, international applications, and international design applications filed on or after May 13, 2015, and patents issuing thereon.
This means that the following types of applications can claim benefit under 35 U.S.C. 386(c):
- Nonprovisional applications
- International applications
- International design applications
- Patents issuing from the above applications
It’s important to note that these applications must be filed on or after May 13, 2015, to be eligible for claiming this benefit. Provisional applications are notably absent from this list and cannot claim benefit under 35 U.S.C. 386(c).