35 U.S.C. § 172 — Right of priority (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 35 U.S.C. § 172, including 32 rules 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.

Summary

The Right of Priority allows patent applicants to claim an earlier foreign filing date, establishing novelty and prior art considerations for subsequent design patent applications.

What this section covers

Registration of a design abroad is considered equivalent to patenting for priority purposes under specific U.S. patent law sections.
Defines the scope of priority claims across different sections of patent law for design patent applications.

Key obligations

Require a clear reference to the prior-filed application when making benefit claims under specific USC sections.
Ensure later-filed applications contain proper documentation and meet specific priority claim requirements.

Conditions and exceptions

Recognize unique priority claim requirements specific to design patent applications.

Practice notes

Carefully document and reference prior applications when claiming priority to establish legal continuity.
Understand and comply with specific filing requirements for design patent applications.

Enforceable Design Rights Dates for Pre-AIA RejectionsMPEP 1504.02Recommended
Requirement for Foreign Patent Issuance Before US FilingMPEP 1504.02Recommended
Requirement for Indicating Foreign Patent Grant Not EvidentMPEP 1504.02Recommended
Priority for Designs Is Six MonthsMPEP 1504.10Required
Priority Not Applicable to DesignsMPEP 1504.10Prohibited
Procedural Requirements for Filing Date Claim Under 35 U.S.C. 120, 119(e), etc.MPEP 211Required
Requirement for Prior Application to Have Filing DateMPEP 211Required
Later Application Must Name Inventors Named in Prior ApplicationMPEP 211Required
Later-Filed Application Must Reference Prior FilingMPEP 211Required
Timely Submission of Prior Application Reference RequiredMPEP 211Required
Earlier Application Must Fully Disclose InventionMPEP 211Required
Examiner Must Use Actual Filing Date for RejectionMPEP 211Required
Examiner May Use Intervening Reference Until Benefit Claim Is CorrectedMPEP 211Permitted

U.S. Design Patent Application Within 6 Months of Foreign FilingMPEP 1504.02Required
Priority for Designs Is Six MonthsMPEP 1504.10Required
Design Patent Application Must Claim Priority Within 6 MonthsMPEP 1504.10Required
Procedural Requirements for Filing Date Claim Under 35 U.S.C. 120, 119(e), etc.MPEP 211Required
Requirement for Prior Application to Have Filing DateMPEP 211Required
Later Application Must Name Inventors Named in Prior ApplicationMPEP 211Required
Later-Filed Application Must Reference Prior FilingMPEP 211Required
Timely Submission of Prior Application Reference RequiredMPEP 211Required
Earlier Application Must Fully Disclose InventionMPEP 211Required
Examiner Must Use Actual Filing Date for RejectionMPEP 211Required
National Application Entitled to International Design PriorityMPEP 213.01Required
Foreign Application Priority for U.S. International DesignMPEP 213.01Required
National Application Entitled to International Design PriorityMPEP 2920.05(d)Required
International Design Application Entitled to PriorityMPEP 2920.05(d)Required

Design Registration Equivalent to Patenting for Priority and Prior Art PurposesMPEP 1504.02
Foreign Design Registration Equivalent to Patent for Priority PurposesMPEP 1504.02
Foreign Design Registration Equates to Patent for Priority PurposesMPEP 1504.02
Timely U.S. Application Required to Avoid Statutory BarMPEP 1504.02
Design Patent Applications Can Claim Foreign Filing DatesMPEP 1504.10
Right of Priority Restoration for Design ApplicationsMPEP 1504.10Permitted
Design Applications Cannot Claim Provisional PriorityMPEP 1504.10Prohibited
Design Applications Cannot Claim Provisional BenefitsMPEP 201.04Prohibited
Design Patent Cannot Claim Provisional Filing DateMPEP 211.01(a)Prohibited
National Application Entitled to International Design PriorityMPEP 213.01
Right of Priority for International DesignsMPEP 213.01
National Application Entitled to International Design PriorityMPEP 2920.05(d)
Priority Based on Foreign ApplicationMPEP 2920.05(d)

MPEP Section	Rules
MPEP § 1504.02	Design Registration Equivalent to Patenting for Priority and Prior Art PurposesMPEP 1504.02 Foreign Design Registration Equivalent to Patent for Priority PurposesMPEP 1504.02 Foreign Design Registration Equates to Patent for Priority PurposesMPEP 1504.02 Timely U.S. Application Required to Avoid Statutory BarMPEP 1504.02 U.S. Design Patent Application Within 6 Months of Foreign FilingMPEP 1504.02Required Enforceable Design Rights Dates for Pre-AIA RejectionsMPEP 1504.02Recommended Requirement for Foreign Patent Issuance Before US FilingMPEP 1504.02Recommended Requirement for Indicating Foreign Patent Grant Not EvidentMPEP 1504.02Recommended
MPEP § 1504.10	Priority for Designs Is Six MonthsMPEP 1504.10Required Priority Not Applicable to DesignsMPEP 1504.10Prohibited Design Patent Applications Can Claim Foreign Filing DatesMPEP 1504.10 Design Patent Application Must Claim Priority Within 6 MonthsMPEP 1504.10Required Right of Priority Restoration for Design ApplicationsMPEP 1504.10Permitted Design Applications Cannot Claim Provisional PriorityMPEP 1504.10Prohibited
MPEP § 201.04	Design Applications Cannot Claim Provisional BenefitsMPEP 201.04Prohibited
MPEP § 211	Procedural Requirements for Filing Date Claim Under 35 U.S.C. 120, 119(e), etc.MPEP 211Required Requirement for Prior Application to Have Filing DateMPEP 211Required Later Application Must Name Inventors Named in Prior ApplicationMPEP 211Required Later-Filed Application Must Reference Prior FilingMPEP 211Required Timely Submission of Prior Application Reference RequiredMPEP 211Required Earlier Application Must Fully Disclose InventionMPEP 211Required Examiner Must Use Actual Filing Date for RejectionMPEP 211Required Examiner May Use Intervening Reference Until Benefit Claim Is CorrectedMPEP 211Permitted
MPEP § 211.01(a)	Design Patent Cannot Claim Provisional Filing DateMPEP 211.01(a)Prohibited
MPEP § 213.01	National Application Entitled to International Design PriorityMPEP 213.01 National Application Entitled to International Design PriorityMPEP 213.01Required Right of Priority for International DesignsMPEP 213.01 Foreign Application Priority for U.S. International DesignMPEP 213.01Required
MPEP § 2920.05(d)	National Application Entitled to International Design PriorityMPEP 2920.05(d) National Application Entitled to International Design PriorityMPEP 2920.05(d)Required Priority Based on Foreign ApplicationMPEP 2920.05(d) International Design Application Entitled to PriorityMPEP 2920.05(d)Required

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

35 U.S.C. § 172 — Right of priority (MPEP Coverage Index) – BlueIron IP

35 U.S.C. § 172 Right of priority

Summary

Official MPEP § 172 — Right of priority

35 U.S.C. 172 Right of priority.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions