When does the USPTO review priority claims in international design applications?

The USPTO’s approach to reviewing priority claims in international design applications is specific and conditional:

• The USPTO does not automatically review priority claims during national stage examination.
• Priority claims are only reviewed if they become relevant to the examination process.
• Relevance may arise if prior art falls within the priority period or if there are intervening references.

MPEP 2920.05(d) clearly states: “The USPTO will only review priority claims if they become relevant to examination.” This approach allows for efficient examination while ensuring that priority claims are scrutinized when necessary to determine patentability or address potential prior art issues.

To learn more:

• priority claims review
• international design applications
• USPTO
• national stage examination
• relevant to examination