How do I claim foreign priority in an international design 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.
To claim foreign priority in an international design application designating the United States, you have two options according to MPEP 2920.05(d):
- Claim priority in accordance with the Hague Agreement and Regulations.
- In a nonprovisional international design application, present the priority claim in an application data sheet (ADS).
The MPEP states:
“In an international design application designating the United States, the claim for priority may be made in accordance with the Hague Agreement and the Hague Agreement Regulations. Alternatively, in a nonprovisional international design application, the foreign priority claim may be presented in a corrected application data sheet (37 CFR 1.76(b)(6)), identifying the foreign application for which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing.”
It’s important to note that the priority claim and certified copy must be furnished within the time period set forth in 37 CFR 1.55(g).