S. national stage application upon petition under 37 CFR 1.78(b). Restoration of the benefit of a provisional application upon petition under 37 CFR 1.78(b) is not limited to applications having an international filing date of or later. It should be noted that where a petition under 37 CFR 1.78(b) is necessary to restore the benefit of a provisional application in a U.78(c) to add a delayed benefit claim will also be required, unless the benefit claim was timely made under 37 CFR 1.78(a)(4) (which includes, inter alia, making the benefit claim during the international stage).
In order for a national stage application (of international application “X”) to obtain benefit under 35 U.S.C. 120 and 365(c) of a prior filed copending nonprovisional application or prior filed copending international application designating the United States of America, the national stage application must comply with the requirements set forth in 37 CFR 1.78(d). The prior nonprovisional application or international application must name as an inventor at least one inventor named in the later filed international application “X” and disclose the named inventor’s invention claimed in at least one claim of the national stage application in the manner provided by the first paragraph of 35 U.S.C. 112. If the national stage application has an international filing date prior to , then the reference must be in either an application data sheet (37 CFR 1.76) or in the first sentence(s) of the specification. See pre-AIA 37 CFR 1.78(a)(2)(iii). If national stage application has an international filing date that is on or after , then the reference must be in an application data sheet (37 CFR 1.76). Continue reading Furthermore, the benefit of a provisional application may be restored in a U