What are the conditions for claiming priority under 35 U.S.C. 386(a) or (b)?

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 right of priority under 35 U.S.C. 386(a) or (b) for international design applications is subject to specific conditions:

• It applies only to nonprovisional applications, international applications, and international design applications filed on or after May 13, 2015, and patents issuing from them.
• For nonprovisional applications, priority can be claimed with respect to a prior international design application that designates at least one country other than the United States.
• For international design applications designating the United States, priority can be claimed 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.

The MPEP states: The right of priority under 35 U.S.C. 386(a) or (b) with respect to an international design application is applicable only to nonprovisional applications, international applications, and international design applications filed on or after May 13, 2015, and patents issuing thereon.