What is the significance of the “right of priority” for design patents?
The “right of priority” is a critical concept in design patent applications, especially for international protection. MPEP 1504.10 states:
“The right of priority is recognized for applications for design patents filed in the United States on and after December 18, 2013.”
This right allows applicants to claim the benefit of an earlier filing date from a foreign application. Key points include:
- It provides a 6-month window to file in other countries while maintaining the original priority date.
- This can be crucial in establishing novelty and non-obviousness of the design.
- It helps prevent others from filing similar designs in the interim between the first filing and subsequent international filings.
Understanding and properly claiming this right can significantly strengthen an applicant’s position in securing international design protection.
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