What is the difference in priority claim requirements for design applications compared to utility applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. The main differences in priority claim requirements for design applications compared to utility applications are: Time limit: Design applications can claim priority at any time during pendency, while utility applications have specific deadlines Restoration of priority: Not applicable to design applications MPEP 214.01 states: “The time periods set forth in 37 CFR 1.55(d) do not apply to design applications.” Additionally, “In a design application, a claim for priority may be made at any time during the pendency of the application.” However, both design and utility applications must still meet other requirements, such as providing a certified copy of the foreign application and properly identifying the priority application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Priority Claim at Any Time During Design Application Pendency MPEP 214.01 Permitted Claim for Foreign Priority Must Be Filed Before Patent Grant MPEP 214 Claim for Priority Must Be Made During Pendency MPEP 214.01 Required Claim for Foreign Priority Must Be Timely Filed MPEP 214.01 Claim for Priority May Be Made in Continuing Application MPEP 214 Permitted Priority Claim Time Periods Do Not Apply to Design Apps MPEP 214.01 Priority Claim Must Be Filed During Pendency as Directed by Director MPEP 214.01 Required Claim for Priority Must Be on Application Data Sheet MPEP 214.01 Time Period for Filing Priority Claim MPEP 214.01 Priority Claim for Foreign Application Not Required for Restoration Petition MPEP 213 Other Related FAQs 5 FAQs Collapse What is the significance of the four-month and sixteen-month time periods for filing a priority claim? Can I file a priority claim in a continuing applicati...