What are the requirements for claiming priority in a design patent application?

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.

Claiming priority in a design patent application involves meeting specific requirements. MPEP 1504.10 outlines these requirements:

“In addition to the filing of the claim for priority, 35 U.S.C. 119(b) requires a certified copy of the foreign application. The priority claim and certified copy must be filed in the United States Patent and Trademark Office before the patent is granted.”

Key requirements include:

• Filing a claim for priority within the prescribed time limit (usually 6 months from the foreign filing date).
• Submitting a certified copy of the foreign application before the patent is granted.
• Ensuring the US application is for the same design disclosed in the foreign application.
• Meeting any additional requirements specified in 37 CFR 1.55 for foreign priority claims.

Failing to meet these requirements may result in the loss of the priority claim, potentially affecting the patentability of the design.