How does the right of priority under 35 U.S.C. 386(a) differ from 35 U.S.C. 386(b)?

The right of priority under 35 U.S.C. 386(a) and 386(b) applies to different types of applications. According to MPEP 213.07:

Pursuant to 35 U.S.C. 386(a) and 37 CFR 1.55, a nonprovisional application may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 with respect to a prior international design application that designates at least one country other than the United States.

This means that 35 U.S.C. 386(a) allows a nonprovisional application to claim priority based on a prior international design application.

On the other hand, 35 U.S.C. 386(b) applies differently:

Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) designating at least one country other than the United States, or a prior international design application designating at least one country other than the United States.

Thus, 35 U.S.C. 386(b) allows an international design application designating the United States to claim priority based on various types of prior applications.

The key differences are:

• 386(a) applies to nonprovisional applications claiming priority to international design applications.
• 386(b) applies to international design applications claiming priority to foreign applications, PCT applications, or other international design applications.

For more information on nonprovisional application, visit: nonprovisional application.

For more information on right of priority, visit: right of priority.