Are there different priority claim requirements for design patent applications?

Yes, design patent applications have different requirements for filing priority claims compared to utility patent applications. The main difference is in the time period for filing the claim. As stated in MPEP 214.01:

“The time periods set forth in 37 CFR 1.55(d) do not apply to design applications.”

For design applications, the MPEP further clarifies: “In a design application, a claim for priority may be made at any time during the pendency of the application. See 37 CFR 1.55(g).”

This means that for design patent applications, you can file a priority claim at any time while the application is pending, which provides more flexibility compared to utility patent applications.

For more detailed information on priority claims in design applications, you can refer to MPEP § 1504.10 and MPEP § 2920.05(d).

To learn more:

• design patent
• foreign priority
• filing deadline
• patent application