How can applicants claim foreign priority in international design applications designating the United States?

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.

Applicants can claim foreign priority in international design applications designating the United States under certain conditions:

• The claim must be in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations.
• The priority claim can be made to a prior foreign application, international application (PCT) designating at least one country other than the US, or a prior international design application designating at least one country other than the US.
• The claim can be made in accordance with the Hague Agreement and Regulations or presented in a corrected application data sheet.
• The nonprovisional international design application must be filed within six months of the foreign application’s filing date.

As stated in 37 CFR 1.55(m): 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.