How do I claim priority to an international design application?

Priority to an international design application can be claimed in a U.S. nonprovisional application or in another international design application designating the U.S. MPEP 213.07 states: ‘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.’

The priority claim should be made in an Application Data Sheet (ADS) for nonprovisional applications. For international design applications designating the U.S., the priority claim can be made in accordance with the Hague Agreement and Regulations.

For more information on Hague Agreement, visit: Hague Agreement.