Can design patent applications claim priority to provisional applications?
No, design patent applications cannot claim priority to provisional applications. This is explicitly stated in MPEP 1504.10:
“Design applications may not claim the benefit of a provisional application under 35 U.S.C. 119(e).“
This restriction is also supported by 35 U.S.C. 172, which states that “The right of priority provided for by section 119(e) shall not apply to designs.” Therefore, inventors seeking design patent protection should file a non-provisional design patent application directly, without relying on a provisional application for priority.
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