How can applicants claim foreign priority in international design applications designating the United States?
Applicants can claim foreign priority in international design applications designating the United States under certain conditions:
- The claim must be in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations.
- The priority claim can be made to a prior foreign application, international application (PCT) designating at least one country other than the US, or a prior international design application designating at least one country other than the US.
- The claim can be made in accordance with the Hague Agreement and Regulations or presented in a corrected application data sheet.
- The nonprovisional international design application must be filed within six months of the foreign application’s filing date.
As stated in 37 CFR 1.55(m): In an international design application designating the United States, the claim for priority may be made in accordance with the Hague Agreement and the Hague Agreement Regulations.
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2920.05 - Examination,
Patent Law,
Patent Procedure