Can design patent applications claim priority to provisional applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance 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. No, design patent applications cannot claim priority to provisional applications. This is explicitly stated in MPEP 1504.10 : “ Design applications may not claim the benefit of a provisional application under 35 U.S.C. 119(e). “ This restriction is also supported by 35 U.S.C. 172, which states that “The right of priority provided for by section 119(e) shall not apply to designs.” Therefore, inventors seeking design patent protection should file a non-provisional design patent application directly, without relying on a provisional application for priority. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Design Applications Cannot Claim Provisional Priority MPEP 1504.10 Prohibited Design Patent Applications Can Claim Foreign Filing Dates MPEP 1504.10 Design Patent Application Must Claim Priority Within 6 Months MPEP 1504.10 Required U.S. Design Patent Application Within 6 Months of Foreign Filing MPEP 1504.02 Required Priority Not Applicable to Designs MPEP 1504.10 Prohibited Right of Priority Restoration for Design Applications MPEP 1504.10 Permitted Right of Priority for Earlier Filed Applications MPEP 1504.02 Priority Claim Must Provide Application Details MPEP 1504.10 Required Effectively Filed Date for Prior Art Under 102(a)(2) MPEP 1504.02 Required Ex Parte Quayle Action for Design Patent Allowability MPEP 1504 Other Related FAQs 5 FAQs Collapse What happens if a certified copy of a foreign application is not filed for a design patent priority claim? What are the requirements for claiming priority in a design patent application? What is the process for restoring the right of priority in a design patent application? How does the Hague Agreement affect design ...