Patent Law FAQ

An international design application designating the United States can claim priority based on several types of prior applications. According to MPEP 213.07:

Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) 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 types of prior applications that can be used for claiming priority include:

• A prior foreign application
• An international application (PCT) designating at least one country other than the United States
• A prior international design application designating at least one country other than the United States

These priority claims must comply with the conditions and requirements set forth in 35 U.S.C. 119(a)-(d) and 172, as well as the Hague Agreement and its Regulations.

For more information on foreign priority, visit: foreign priority.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on prior applications, visit: prior applications.

The time period for filing a priority claim in an international design application designating the United States depends on whether it’s a nonprovisional international design application or not. According to MPEP 213.07:

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.

For nonprovisional international design applications, the MPEP states:

In a nonprovisional international design application, the priority claim and certified copy must be furnished in accordance with the time period and other conditions set forth in paragraph (g) of this section.

This refers to 37 CFR 1.55(g), which generally requires the priority claim to be filed within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application. However, it’s important to consult the specific regulations and the Hague Agreement for precise deadlines and requirements, as they may vary depending on the specific circumstances of the application.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on nonprovisional application, visit: nonprovisional application.

35 U.S.C. 386 establishes the right of priority for international design applications. It addresses two key scenarios:

1. National applications claiming priority from international design applications
2. International design applications claiming priority from prior foreign applications

The MPEP explains:

“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.”

“Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) 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.”

These provisions apply to applications filed on or after May 13, 2015, and patents issued from such applications.

The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application to seek protection in multiple countries. The United States became a party to the Hague Agreement on May 13, 2015.

According to 35 U.S.C. 385:

An international design application designating the United States shall have the effect, for all purposes, from its filing date determined in accordance with section 384, of an application for patent filed in the Patent and Trademark Office pursuant to chapter 16.

This means that an international design application that designates the US is treated similarly to a national design patent application. The MPEP clarifies: Unless otherwise clear from the wording, reference to ‘design application’ or ‘application for a design patent’ in this chapter includes an international design application that designates the United States.

For detailed information on international design applications, refer to MPEP Chapter 2900.

For more information on design patents, visit: design patents.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on international design applications, visit: international design applications.

An international design application is a specific type of patent application for industrial designs. The definition of an international design application is provided in 37 CFR 1.9(n).

Key points about international design applications:

• They are filed under the Hague Agreement Concerning the International Registration of Industrial Designs
• They allow applicants to seek protection for industrial designs in multiple countries through a single application
• They are administered by the World Intellectual Property Organization (WIPO)
• They can designate the United States for design patent protection

For more information on international design applications, visit the WIPO Hague System page.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on patent law, visit: patent law.

Several international agreements can form the basis for a priority claim in patent applications. The MPEP mentions:

• The Paris Convention for the Protection of Industrial Property
• The Hague Agreement Concerning the International Registration of Industrial Designs
• The Benelux Designs Convention
• The Convention on the Grant of European Patents (European Patent Office)
• The Patent Cooperation Treaty (PCT)
• The International Convention for the Protection of New Varieties of Plants (UPOV)

The MPEP states: “Under Article 4A of the Paris Convention for the Protection of Industrial Property, a right of priority may be based on an application for a patent or for the registration of a utility model or an industrial design filed under the national law of a foreign country adhering to the Convention, or on a foreign application filed under a bilateral or multilateral treaty concluded between two or more such countries.”

These agreements facilitate the international protection of intellectual property rights and enable applicants to claim priority based on applications filed in various jurisdictions.

For an international design application designating the United States, the requirements for claiming foreign priority are as follows:

• The claim for priority can be made in accordance with the Hague Agreement and the Hague Agreement Regulations.
• The claim must comply with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172.
• Priority can be claimed with respect to a prior foreign application, international application (PCT) 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(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) 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.

To learn more:

• foreign priority
• international design application
• Hague Agreement
• USPTO

There are several types of patent applications in the United States:

• Nonprovisional applications filed under 35 U.S.C. 111(a), including utility, plant, and design patent applications
• Provisional applications filed under 35 U.S.C. 111(b)
• International applications filed under the Patent Cooperation Treaty (PCT)
• International design applications filed under the Hague Agreement

The MPEP states: Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications filed under 37 CFR 1.53(b), and design patent continued prosecution applications (CPAs) filed under 37 CFR 1.53(d).

For more information on Hague Agreement, visit: Hague Agreement.

For more information on international applications, visit: international applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent applications, visit: patent applications.

Claiming priority for international design applications has some specific provisions, particularly when the application designates the United States. These provisions are outlined in the MPEP and relevant regulations.

According to MPEP 213.07: “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.”

Key points about priority in international design applications include:

• The right of priority under 35 U.S.C. 386(a) or (b) applies only to applications filed on or after May 13, 2015.
• For nonprovisional international design applications, the priority claim must be presented in an application data sheet during the pendency of the application, unless made in accordance with the Hague Agreement and Regulations.
• The certified copy of the priority document must be furnished within the time period specified in 37 CFR 1.55(g).
• An international design application designating the U.S. can claim priority to a prior foreign application, PCT application, or another international design application.

The MPEP also notes: “See MPEP § 2920.05(d) for additional information pertaining to the right of priority based upon an international design application.”

These provisions ensure that design patent applicants can properly claim priority to earlier filed applications in the context of the international design registration system.

For more information on design patent, visit: design patent.

For more information on Hague Agreement, visit: Hague Agreement.

Priority to an international design application can be claimed in a U.S. nonprovisional application or in another international design application designating the U.S. MPEP 213.07 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.’

The priority claim should be made in an Application Data Sheet (ADS) for nonprovisional applications. For international design applications designating the U.S., the priority claim can be made in accordance with the Hague Agreement and Regulations.

For more information on Hague Agreement, visit: Hague Agreement.

To claim priority in a nonprovisional international design application:

• Include a priority claim in the international design application when filed with the International Bureau (IB).
• The priority claim must specify the application number and filing date of the priority application.
• File a certified copy of the priority application with the IB or the USPTO, or have it retrieved through the Digital Access Service (DAS).

According to MPEP 213.07: An applicant filing an international design application designating the United States may claim priority to one or more prior foreign applications under the Paris Convention or to a prior provisional application under 35 U.S.C. 119(e).

To learn more:

• international design application
• priority claim
• certified copy
• Digital Access Service

To learn more:

• Hague Agreement
• USPTO

The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application with effect in multiple countries. Key points about the Hague Agreement and international design applications include:

• The United States became a Contracting Party to the Hague Agreement on May 13, 2015.
• An international design application designating the United States has the effect of a regularly filed application for patent under 35 U.S.C. 385.
• The Hague Agreement is administered by the International Bureau of the World Intellectual Property Organization (WIPO).
• 37 CFR 1.9(n) defines an international design application as “an application for international registration of a design filed under the Hague Agreement.”

For detailed information on international design applications, refer to MPEP Chapter 2900.

To learn more:

• Hague Agreement
• international design applications
• industrial designs
• WIPO

The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application to seek protection in multiple countries. The United States became a party to the Hague Agreement on May 13, 2015.

According to 35 U.S.C. 385:

An international design application designating the United States shall have the effect, for all purposes, from its filing date determined in accordance with section 384, of an application for patent filed in the Patent and Trademark Office pursuant to chapter 16.

This means that an international design application that designates the US is treated similarly to a national design patent application. The MPEP clarifies: Unless otherwise clear from the wording, reference to ‘design application’ or ‘application for a design patent’ in this chapter includes an international design application that designates the United States.

For detailed information on international design applications, refer to MPEP Chapter 2900.

For more information on design patents, visit: design patents.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on international design applications, visit: international design applications.

The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application with effect in multiple countries. Key points about the Hague Agreement and international design applications include:

• The United States became a Contracting Party to the Hague Agreement on May 13, 2015.
• An international design application designating the United States has the effect of a regularly filed application for patent under 35 U.S.C. 385.
• The Hague Agreement is administered by the International Bureau of the World Intellectual Property Organization (WIPO).
• 37 CFR 1.9(n) defines an international design application as “an application for international registration of a design filed under the Hague Agreement.”

For detailed information on international design applications, refer to MPEP Chapter 2900.

To learn more:

• Hague Agreement
• international design applications
• industrial designs
• WIPO

An international design application is a specific type of patent application for industrial designs. The definition of an international design application is provided in 37 CFR 1.9(n).

Key points about international design applications:

• They are filed under the Hague Agreement Concerning the International Registration of Industrial Designs
• They allow applicants to seek protection for industrial designs in multiple countries through a single application
• They are administered by the World Intellectual Property Organization (WIPO)
• They can designate the United States for design patent protection

For more information on international design applications, visit the WIPO Hague System page.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on patent law, visit: patent law.

There are several types of patent applications in the United States:

• Nonprovisional applications filed under 35 U.S.C. 111(a), including utility, plant, and design patent applications
• Provisional applications filed under 35 U.S.C. 111(b)
• International applications filed under the Patent Cooperation Treaty (PCT)
• International design applications filed under the Hague Agreement

The MPEP states: Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications filed under 37 CFR 1.53(b), and design patent continued prosecution applications (CPAs) filed under 37 CFR 1.53(d).

For more information on Hague Agreement, visit: Hague Agreement.

For more information on international applications, visit: international applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent applications, visit: patent applications.

An international design application designating the United States can claim priority based on several types of prior applications. According to MPEP 213.07:

Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) 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 types of prior applications that can be used for claiming priority include:

• A prior foreign application
• An international application (PCT) designating at least one country other than the United States
• A prior international design application designating at least one country other than the United States

These priority claims must comply with the conditions and requirements set forth in 35 U.S.C. 119(a)-(d) and 172, as well as the Hague Agreement and its Regulations.

For more information on foreign priority, visit: foreign priority.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on prior applications, visit: prior applications.

The time period for filing a priority claim in an international design application designating the United States depends on whether it’s a nonprovisional international design application or not. According to MPEP 213.07:

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.

For nonprovisional international design applications, the MPEP states:

In a nonprovisional international design application, the priority claim and certified copy must be furnished in accordance with the time period and other conditions set forth in paragraph (g) of this section.

This refers to 37 CFR 1.55(g), which generally requires the priority claim to be filed within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application. However, it’s important to consult the specific regulations and the Hague Agreement for precise deadlines and requirements, as they may vary depending on the specific circumstances of the application.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on nonprovisional application, visit: nonprovisional application.

35 U.S.C. 386 establishes the right of priority for international design applications. It addresses two key scenarios:

1. National applications claiming priority from international design applications
2. International design applications claiming priority from prior foreign applications

The MPEP explains:

“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.”

“Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) 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.”

These provisions apply to applications filed on or after May 13, 2015, and patents issued from such applications.

Several international agreements can form the basis for a priority claim in patent applications. The MPEP mentions:

• The Paris Convention for the Protection of Industrial Property
• The Hague Agreement Concerning the International Registration of Industrial Designs
• The Benelux Designs Convention
• The Convention on the Grant of European Patents (European Patent Office)
• The Patent Cooperation Treaty (PCT)
• The International Convention for the Protection of New Varieties of Plants (UPOV)

The MPEP states: “Under Article 4A of the Paris Convention for the Protection of Industrial Property, a right of priority may be based on an application for a patent or for the registration of a utility model or an industrial design filed under the national law of a foreign country adhering to the Convention, or on a foreign application filed under a bilateral or multilateral treaty concluded between two or more such countries.”

These agreements facilitate the international protection of intellectual property rights and enable applicants to claim priority based on applications filed in various jurisdictions.

Claiming priority for international design applications has some specific provisions, particularly when the application designates the United States. These provisions are outlined in the MPEP and relevant regulations.

According to MPEP 213.07: “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.”

Key points about priority in international design applications include:

• The right of priority under 35 U.S.C. 386(a) or (b) applies only to applications filed on or after May 13, 2015.
• For nonprovisional international design applications, the priority claim must be presented in an application data sheet during the pendency of the application, unless made in accordance with the Hague Agreement and Regulations.
• The certified copy of the priority document must be furnished within the time period specified in 37 CFR 1.55(g).
• An international design application designating the U.S. can claim priority to a prior foreign application, PCT application, or another international design application.

The MPEP also notes: “See MPEP § 2920.05(d) for additional information pertaining to the right of priority based upon an international design application.”

These provisions ensure that design patent applicants can properly claim priority to earlier filed applications in the context of the international design registration system.

For more information on design patent, visit: design patent.

For more information on Hague Agreement, visit: Hague Agreement.

Priority to an international design application can be claimed in a U.S. nonprovisional application or in another international design application designating the U.S. MPEP 213.07 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.’

The priority claim should be made in an Application Data Sheet (ADS) for nonprovisional applications. For international design applications designating the U.S., the priority claim can be made in accordance with the Hague Agreement and Regulations.

For more information on Hague Agreement, visit: Hague Agreement.

For international patent applications filed by non-inventor applicants, there are specific requirements outlined in 37 CFR 1.46(b):

If an application entering the national stage under 35 U.S.C. 371, or a nonprovisional international design application, is applied for by a person other than the inventor under paragraph (a) of this section, the assignee, person to whom the inventor is under an obligation to assign the invention, or person who otherwise shows sufficient proprietary interest in the matter must have been identified as the applicant for the United States in the international stage of the international application or as the applicant in the publication of the international registration under Hague Agreement Article 10(3).

This means that for PCT applications entering the U.S. national stage or for international design applications, the non-inventor applicant must have been properly identified as the applicant for the United States during the international phase or in the international registration publication.

To learn more:

• international patent application
• non-inventor applicant
• PCT application
• Hague Agreement

An international design application designating the United States can claim priority based on several types of prior applications. According to MPEP 213.07:

Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) 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 types of prior applications that can be used for claiming priority include:

• A prior foreign application
• An international application (PCT) designating at least one country other than the United States
• A prior international design application designating at least one country other than the United States

These priority claims must comply with the conditions and requirements set forth in 35 U.S.C. 119(a)-(d) and 172, as well as the Hague Agreement and its Regulations.

For more information on foreign priority, visit: foreign priority.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on prior applications, visit: prior applications.

The time period for filing a priority claim in an international design application designating the United States depends on whether it’s a nonprovisional international design application or not. According to MPEP 213.07:

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.

For nonprovisional international design applications, the MPEP states:

In a nonprovisional international design application, the priority claim and certified copy must be furnished in accordance with the time period and other conditions set forth in paragraph (g) of this section.

This refers to 37 CFR 1.55(g), which generally requires the priority claim to be filed within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application. However, it’s important to consult the specific regulations and the Hague Agreement for precise deadlines and requirements, as they may vary depending on the specific circumstances of the application.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on nonprovisional application, visit: nonprovisional application.

35 U.S.C. 386 establishes the right of priority for international design applications. It addresses two key scenarios:

1. National applications claiming priority from international design applications
2. International design applications claiming priority from prior foreign applications

The MPEP explains:

“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.”

“Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) 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.”

These provisions apply to applications filed on or after May 13, 2015, and patents issued from such applications.

The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application to seek protection in multiple countries. The United States became a party to the Hague Agreement on May 13, 2015.

According to 35 U.S.C. 385:

An international design application designating the United States shall have the effect, for all purposes, from its filing date determined in accordance with section 384, of an application for patent filed in the Patent and Trademark Office pursuant to chapter 16.

This means that an international design application that designates the US is treated similarly to a national design patent application. The MPEP clarifies: Unless otherwise clear from the wording, reference to ‘design application’ or ‘application for a design patent’ in this chapter includes an international design application that designates the United States.

For detailed information on international design applications, refer to MPEP Chapter 2900.

For more information on design patents, visit: design patents.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on international design applications, visit: international design applications.

The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application with effect in multiple countries. Key points about the Hague Agreement and international design applications include:

• The United States became a Contracting Party to the Hague Agreement on May 13, 2015.
• An international design application designating the United States has the effect of a regularly filed application for patent under 35 U.S.C. 385.
• The Hague Agreement is administered by the International Bureau of the World Intellectual Property Organization (WIPO).
• 37 CFR 1.9(n) defines an international design application as “an application for international registration of a design filed under the Hague Agreement.”

For detailed information on international design applications, refer to MPEP Chapter 2900.

To learn more:

• Hague Agreement
• international design applications
• industrial designs
• WIPO

An international design application is a specific type of patent application for industrial designs. The definition of an international design application is provided in 37 CFR 1.9(n).

Key points about international design applications:

• They are filed under the Hague Agreement Concerning the International Registration of Industrial Designs
• They allow applicants to seek protection for industrial designs in multiple countries through a single application
• They are administered by the World Intellectual Property Organization (WIPO)
• They can designate the United States for design patent protection

For more information on international design applications, visit the WIPO Hague System page.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on patent law, visit: patent law.

Several international agreements can form the basis for a priority claim in patent applications. The MPEP mentions:

• The Paris Convention for the Protection of Industrial Property
• The Hague Agreement Concerning the International Registration of Industrial Designs
• The Benelux Designs Convention
• The Convention on the Grant of European Patents (European Patent Office)
• The Patent Cooperation Treaty (PCT)
• The International Convention for the Protection of New Varieties of Plants (UPOV)

The MPEP states: “Under Article 4A of the Paris Convention for the Protection of Industrial Property, a right of priority may be based on an application for a patent or for the registration of a utility model or an industrial design filed under the national law of a foreign country adhering to the Convention, or on a foreign application filed under a bilateral or multilateral treaty concluded between two or more such countries.”

These agreements facilitate the international protection of intellectual property rights and enable applicants to claim priority based on applications filed in various jurisdictions.

For an international design application designating the United States, the requirements for claiming foreign priority are as follows:

• The claim for priority can be made in accordance with the Hague Agreement and the Hague Agreement Regulations.
• The claim must comply with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172.
• Priority can be claimed with respect to a prior foreign application, international application (PCT) 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(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) 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.

To learn more:

• foreign priority
• international design application
• Hague Agreement
• USPTO

There are several types of patent applications in the United States:

• Nonprovisional applications filed under 35 U.S.C. 111(a), including utility, plant, and design patent applications
• Provisional applications filed under 35 U.S.C. 111(b)
• International applications filed under the Patent Cooperation Treaty (PCT)
• International design applications filed under the Hague Agreement

The MPEP states: Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications filed under 37 CFR 1.53(b), and design patent continued prosecution applications (CPAs) filed under 37 CFR 1.53(d).

For more information on Hague Agreement, visit: Hague Agreement.

For more information on international applications, visit: international applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent applications, visit: patent applications.

For international patent applications filed by non-inventor applicants, there are specific requirements outlined in 37 CFR 1.46(b):

If an application entering the national stage under 35 U.S.C. 371, or a nonprovisional international design application, is applied for by a person other than the inventor under paragraph (a) of this section, the assignee, person to whom the inventor is under an obligation to assign the invention, or person who otherwise shows sufficient proprietary interest in the matter must have been identified as the applicant for the United States in the international stage of the international application or as the applicant in the publication of the international registration under Hague Agreement Article 10(3).

This means that for PCT applications entering the U.S. national stage or for international design applications, the non-inventor applicant must have been properly identified as the applicant for the United States during the international phase or in the international registration publication.

To learn more:

• international patent application
• non-inventor applicant
• PCT application
• Hague Agreement

Claiming priority for international design applications has some specific provisions, particularly when the application designates the United States. These provisions are outlined in the MPEP and relevant regulations.

According to MPEP 213.07: “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.”

Key points about priority in international design applications include:

• The right of priority under 35 U.S.C. 386(a) or (b) applies only to applications filed on or after May 13, 2015.
• For nonprovisional international design applications, the priority claim must be presented in an application data sheet during the pendency of the application, unless made in accordance with the Hague Agreement and Regulations.
• The certified copy of the priority document must be furnished within the time period specified in 37 CFR 1.55(g).
• An international design application designating the U.S. can claim priority to a prior foreign application, PCT application, or another international design application.

The MPEP also notes: “See MPEP § 2920.05(d) for additional information pertaining to the right of priority based upon an international design application.”

These provisions ensure that design patent applicants can properly claim priority to earlier filed applications in the context of the international design registration system.

For more information on design patent, visit: design patent.

For more information on Hague Agreement, visit: Hague Agreement.

Priority to an international design application can be claimed in a U.S. nonprovisional application or in another international design application designating the U.S. MPEP 213.07 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.’

The priority claim should be made in an Application Data Sheet (ADS) for nonprovisional applications. For international design applications designating the U.S., the priority claim can be made in accordance with the Hague Agreement and Regulations.

For more information on Hague Agreement, visit: Hague Agreement.

To claim priority in a nonprovisional international design application:

• Include a priority claim in the international design application when filed with the International Bureau (IB).
• The priority claim must specify the application number and filing date of the priority application.
• File a certified copy of the priority application with the IB or the USPTO, or have it retrieved through the Digital Access Service (DAS).

According to MPEP 213.07: An applicant filing an international design application designating the United States may claim priority to one or more prior foreign applications under the Paris Convention or to a prior provisional application under 35 U.S.C. 119(e).

To learn more:

• international design application
• priority claim
• certified copy
• Digital Access Service

To learn more:

• Hague Agreement
• USPTO

An international design application designating the United States can claim priority based on several types of prior applications. According to MPEP 213.07:

Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) 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 types of prior applications that can be used for claiming priority include:

• A prior foreign application
• An international application (PCT) designating at least one country other than the United States
• A prior international design application designating at least one country other than the United States

These priority claims must comply with the conditions and requirements set forth in 35 U.S.C. 119(a)-(d) and 172, as well as the Hague Agreement and its Regulations.

For more information on foreign priority, visit: foreign priority.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on prior applications, visit: prior applications.

The time period for filing a priority claim in an international design application designating the United States depends on whether it’s a nonprovisional international design application or not. According to MPEP 213.07:

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.

For nonprovisional international design applications, the MPEP states:

In a nonprovisional international design application, the priority claim and certified copy must be furnished in accordance with the time period and other conditions set forth in paragraph (g) of this section.

This refers to 37 CFR 1.55(g), which generally requires the priority claim to be filed within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application. However, it’s important to consult the specific regulations and the Hague Agreement for precise deadlines and requirements, as they may vary depending on the specific circumstances of the application.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on nonprovisional application, visit: nonprovisional application.

35 U.S.C. 386 establishes the right of priority for international design applications. It addresses two key scenarios:

1. National applications claiming priority from international design applications
2. International design applications claiming priority from prior foreign applications

The MPEP explains:

“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.”

“Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) 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.”

These provisions apply to applications filed on or after May 13, 2015, and patents issued from such applications.

The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application to seek protection in multiple countries. The United States became a party to the Hague Agreement on May 13, 2015.

According to 35 U.S.C. 385:

An international design application designating the United States shall have the effect, for all purposes, from its filing date determined in accordance with section 384, of an application for patent filed in the Patent and Trademark Office pursuant to chapter 16.

This means that an international design application that designates the US is treated similarly to a national design patent application. The MPEP clarifies: Unless otherwise clear from the wording, reference to ‘design application’ or ‘application for a design patent’ in this chapter includes an international design application that designates the United States.

For detailed information on international design applications, refer to MPEP Chapter 2900.

For more information on design patents, visit: design patents.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on international design applications, visit: international design applications.

The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application with effect in multiple countries. Key points about the Hague Agreement and international design applications include:

• The United States became a Contracting Party to the Hague Agreement on May 13, 2015.
• An international design application designating the United States has the effect of a regularly filed application for patent under 35 U.S.C. 385.
• The Hague Agreement is administered by the International Bureau of the World Intellectual Property Organization (WIPO).
• 37 CFR 1.9(n) defines an international design application as “an application for international registration of a design filed under the Hague Agreement.”

For detailed information on international design applications, refer to MPEP Chapter 2900.

To learn more:

• Hague Agreement
• international design applications
• industrial designs
• WIPO

An international design application is a specific type of patent application for industrial designs. The definition of an international design application is provided in 37 CFR 1.9(n).

Key points about international design applications:

• They are filed under the Hague Agreement Concerning the International Registration of Industrial Designs
• They allow applicants to seek protection for industrial designs in multiple countries through a single application
• They are administered by the World Intellectual Property Organization (WIPO)
• They can designate the United States for design patent protection

For more information on international design applications, visit the WIPO Hague System page.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on patent law, visit: patent law.

Several international agreements can form the basis for a priority claim in patent applications. The MPEP mentions:

• The Paris Convention for the Protection of Industrial Property
• The Hague Agreement Concerning the International Registration of Industrial Designs
• The Benelux Designs Convention
• The Convention on the Grant of European Patents (European Patent Office)
• The Patent Cooperation Treaty (PCT)
• The International Convention for the Protection of New Varieties of Plants (UPOV)

The MPEP states: “Under Article 4A of the Paris Convention for the Protection of Industrial Property, a right of priority may be based on an application for a patent or for the registration of a utility model or an industrial design filed under the national law of a foreign country adhering to the Convention, or on a foreign application filed under a bilateral or multilateral treaty concluded between two or more such countries.”

These agreements facilitate the international protection of intellectual property rights and enable applicants to claim priority based on applications filed in various jurisdictions.

For an international design application designating the United States, the requirements for claiming foreign priority are as follows:

• The claim for priority can be made in accordance with the Hague Agreement and the Hague Agreement Regulations.
• The claim must comply with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172.
• Priority can be claimed with respect to a prior foreign application, international application (PCT) 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(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) 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.

To learn more:

• foreign priority
• international design application
• Hague Agreement
• USPTO

There are several types of patent applications in the United States:

• Nonprovisional applications filed under 35 U.S.C. 111(a), including utility, plant, and design patent applications
• Provisional applications filed under 35 U.S.C. 111(b)
• International applications filed under the Patent Cooperation Treaty (PCT)
• International design applications filed under the Hague Agreement

The MPEP states: Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications filed under 37 CFR 1.53(b), and design patent continued prosecution applications (CPAs) filed under 37 CFR 1.53(d).

For more information on Hague Agreement, visit: Hague Agreement.

For more information on international applications, visit: international applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent applications, visit: patent applications.

For international patent applications filed by non-inventor applicants, there are specific requirements outlined in 37 CFR 1.46(b):

If an application entering the national stage under 35 U.S.C. 371, or a nonprovisional international design application, is applied for by a person other than the inventor under paragraph (a) of this section, the assignee, person to whom the inventor is under an obligation to assign the invention, or person who otherwise shows sufficient proprietary interest in the matter must have been identified as the applicant for the United States in the international stage of the international application or as the applicant in the publication of the international registration under Hague Agreement Article 10(3).

This means that for PCT applications entering the U.S. national stage or for international design applications, the non-inventor applicant must have been properly identified as the applicant for the United States during the international phase or in the international registration publication.

To learn more:

• international patent application
• non-inventor applicant
• PCT application
• Hague Agreement

Claiming priority for international design applications has some specific provisions, particularly when the application designates the United States. These provisions are outlined in the MPEP and relevant regulations.

According to MPEP 213.07: “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.”

Key points about priority in international design applications include:

• The right of priority under 35 U.S.C. 386(a) or (b) applies only to applications filed on or after May 13, 2015.
• For nonprovisional international design applications, the priority claim must be presented in an application data sheet during the pendency of the application, unless made in accordance with the Hague Agreement and Regulations.
• The certified copy of the priority document must be furnished within the time period specified in 37 CFR 1.55(g).
• An international design application designating the U.S. can claim priority to a prior foreign application, PCT application, or another international design application.

The MPEP also notes: “See MPEP § 2920.05(d) for additional information pertaining to the right of priority based upon an international design application.”

These provisions ensure that design patent applicants can properly claim priority to earlier filed applications in the context of the international design registration system.

For more information on design patent, visit: design patent.

For more information on Hague Agreement, visit: Hague Agreement.

Priority to an international design application can be claimed in a U.S. nonprovisional application or in another international design application designating the U.S. MPEP 213.07 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.’

The priority claim should be made in an Application Data Sheet (ADS) for nonprovisional applications. For international design applications designating the U.S., the priority claim can be made in accordance with the Hague Agreement and Regulations.

For more information on Hague Agreement, visit: Hague Agreement.

To claim priority in a nonprovisional international design application:

• Include a priority claim in the international design application when filed with the International Bureau (IB).
• The priority claim must specify the application number and filing date of the priority application.
• File a certified copy of the priority application with the IB or the USPTO, or have it retrieved through the Digital Access Service (DAS).

According to MPEP 213.07: An applicant filing an international design application designating the United States may claim priority to one or more prior foreign applications under the Paris Convention or to a prior provisional application under 35 U.S.C. 119(e).

To learn more:

• international design application
• priority claim
• certified copy
• Digital Access Service

To learn more:

• Hague Agreement
• USPTO