What happens if a certified copy of a foreign application is not filed for a design patent priority claim?
If a certified copy of the foreign application is not filed for a design patent priority claim, it can affect the validity of the priority claim. According to MPEP 1504.10:
“In the case of a design application, the certified copy must be filed during the pendency of the application, unless filed with a petition under 37 CFR 1.55(g) together with the fee set forth in 37 CFR 1.17(g), that includes a showing of good and sufficient cause for the delay in filing the certified copy of the foreign application.“
If the certified copy is not filed in time, the priority claim may not be recognized. Furthermore, if the certified copy is filed after the issue fee is paid, the patent will not include the priority claim unless corrected by a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323. It’s crucial for applicants to ensure timely filing of the certified copy to secure their priority claim.
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