How are priority claims handled in international design applications?

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.

Priority claims in international design applications are an important aspect of the examination process. The MPEP 2920.05(e) provides guidance on how these claims are handled:

“The examiner should determine whether any priority claim made in the international design application is proper. Priority claims are reviewed for compliance with the relevant requirements during both formalities review and substantive examination.”

Key points about priority claims include:

• They must comply with the requirements of 35 U.S.C. 386(a) and 37 CFR 1.55.
• The claim must be to an earlier national, international, or foreign application.
• The earlier application must have been filed within six months of the international design application.
• If deficiencies are found, the examiner may issue an Office action requiring correction or rejecting the claim.

Proper handling of priority claims is crucial for establishing the effective filing date of the design, which can impact patentability and prior art considerations.