What is the time limit for filing a foreign priority claim in international design applications?

The time limit for filing a foreign priority claim in international design applications is specified in 35 U.S.C. 119(a) and 172, and 37 CFR 1.55(b)(1). According to MPEP 2920.05(d): “Pursuant to 35 U.S.C. 119(a) and 172, and 37 CFR 1.55(b)(1), the nonprovisional international design application must be filed not later than six months after the…

Read More

How do I claim foreign priority in an international design application?

To claim foreign priority in an international design application designating the United States, you have two options according to MPEP 2920.05(d): Claim priority in accordance with the Hague Agreement and Regulations. In a nonprovisional international design application, present the priority claim in an application data sheet (ADS). The MPEP states: “In an international design application…

Read More

What are the consequences of improperly identifying a foreign priority application?

Improperly identifying a foreign priority application can have serious consequences for a patent applicant. According to MPEP 214.04: ‘Where the claim to priority in an application filed under 35 U.S.C. 111(a) is presented after the time period provided by 37 CFR 1.55(d) and without the required petition, or where the claim to priority is presented…

Read More

How do I claim priority to a prior foreign patent application in a U.S. patent application?

To claim priority to an earlier-filed foreign application, the applicant must: 1. File the U.S. application within 12 months of the foreign application’s filing date (6 months for design applications).2. In the U.S. application, include a claim for priority that identifies the foreign application. For applications filed on/after 9/16/12, this must be in an ADS.3.…

Read More