How do I claim priority in a nonprovisional international design application?

To claim priority in a nonprovisional international design application:

  • Include a priority claim in the international design application when filed with the International Bureau (IB).
  • The priority claim must specify the application number and filing date of the priority application.
  • File a certified copy of the priority application with the IB or the USPTO, or have it retrieved through the Digital Access Service (DAS).

According to MPEP 213.07: An applicant filing an international design application designating the United States may claim priority to one or more prior foreign applications under the Paris Convention or to a prior provisional application under 35 U.S.C. 119(e).

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: Digital Access Service, Hague Agreement, International Design Application, Priority Claim, USPTO