How does the right of priority work for 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 right of priority for international design applications is governed by 35 U.S.C. 386. There are two main scenarios:

1. A U.S. national application can claim priority from a prior international design application that designated at least one country other than the United States.
2. An international design application designating the United States can claim priority from a prior foreign application, a prior PCT application designating at least one country other than the United States, or a prior international design application designating at least one country other than the United States.

The MPEP states: Pursuant to 35 U.S.C. 386(a) and 37 CFR 1.55, a nonprovisional application may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a) – (d) and 172 with respect to a prior international design application that designates at least one country other than the United States.