How does the USPTO verify foreign priority claims in international design applications?

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 USPTO verifies foreign priority claims in international design applications through the following process:

• The International Bureau (IB) typically handles the exchange of priority documents with the USPTO.
• The USPTO relies on the information provided by the IB regarding the priority claim.
• If necessary, the USPTO may request additional information or documentation from the applicant.

As stated in MPEP 2920.05(d):

“The International Bureau will generally handle the exchange of priority documents in international design applications where priority is claimed.”

This process streamlines the verification of foreign priority claims, reducing the burden on applicants. However, applicants should ensure that all priority information provided to the International Bureau is accurate and complete.