Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
The main differences in priority claim requirements for design applications compared to utility applications are:
- Time limit: Design applications can claim priority at any time during pendency, while utility applications have specific deadlines
- Restoration of priority: Not applicable to design applications
MPEP 214.01 states: “The time periods set forth in 37 CFR 1.55(d) do not apply to design applications.” Additionally, “In a design application, a claim for priority may be made at any time during the pendency of the application.”
However, both design and utility applications must still meet other requirements, such as providing a certified copy of the foreign application and properly identifying the priority application.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 214-Formal Requirements of Claim for Foreign Priority,
Patent Law,
Patent Procedure