How are delayed priority claims handled in design applications?

The handling of delayed priority claims in design applications has evolved. The MPEP provides the following information:

“Before May 13, 2015, no procedures were established for accepting an unintentionally delayed priority claim in a design application. Effective May 13, 2015, 37 CFR 1.55(e) provides for the filing of a petition for acceptance of an unintentionally delayed priority claim in a design application where the foreign priority claim was not submitted during the pendency of the design application.”

This change allows design patent applicants and holders to rectify unintentionally delayed priority claims, aligning the process more closely with that of utility patents. As with utility patents, a petition under 37 CFR 1.55(e) may be filed along with a request for a certificate of correction after the design patent has been granted.

To learn more:

• design patent
• delayed priority claim
• unintentional delay
• patent procedure