How does foreign registration affect design patent anticipation in the US?

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.

Foreign registration can significantly impact design patent anticipation in the US. The MPEP states: Registration of a design abroad is considered to be equivalent to patenting for priority purposes under 35 U.S.C. 119(a) – (d) and for prior art purposes pre-AIA 35 U.S.C. 102(d), whether or not the foreign grant is published. This means that a design registered in a foreign country can be used as prior art against a US design patent application, potentially leading to an anticipation rejection. The date of the foreign registration is crucial in determining its effect on the US application’s novelty.