When must a benefit claim be made for a nonprovisional application entering the national stage from an international application?

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.

For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of:

• Four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f)
• Four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage
• Sixteen months from the filing date of the prior application

The MPEP states: If the application is a nonprovisional application entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of: (1) four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f); (2) four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage; or (3) sixteen months from the filing date of the prior application.