When can a benefit claim under 35 U.S.C. 386(c) be made?

Q: When can a benefit claim under 35 U.S.C. 386(c) be made?

According to 37 CFR 1.78(j) , benefit claims under 35 U.S.C. 386(c) can only be made in specific types of applications filed on or after May 13, 2015. The MPEP 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 applications filed before May 13, 2015, cannot claim the benefit of an international design application under 35 U.S.C. 386(c). It's important for applicants to be aware of this date restriction when considering their benefit claims. For more information on 35 U.S.C. 386(c), visit: 35 U.S.C. 386(c) .

Q: When can a benefit claim under 35 U.S.C. 386(c) be made?

According to 37 CFR 1.78(j) , benefit claims under 35 U.S.C. 386(c) can only be made in specific types of applications filed on or after May 13, 2015. The MPEP 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 applications filed before May 13, 2015, cannot claim the benefit of an international design application under 35 U.S.C. 386(c). It's important for applicants to be aware of this date restriction when considering their benefit claims. For more information on 35 U.S.C. 386(c), visit: 35 U.S.C. 386(c) .

By russ.krajec@blueironip.com | September 9, 2024

When can a benefit claim under 35 U.S.C. 386(c) be made?

According to 37 CFR 1.78(j), benefit claims under 35 U.S.C. 386(c) can only be made in specific types of applications filed on or after May 13, 2015. The MPEP 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 applications filed before May 13, 2015, cannot claim the benefit of an international design application under 35 U.S.C. 386(c). It’s important for applicants to be aware of this date restriction when considering their benefit claims.

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

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. 386(c)

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When can a benefit claim under 35 U.S.C. 386(c) be made?

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