How do I claim priority in a nonprovisional international design application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

To claim priority in a nonprovisional international design application:

  • Include a priority claim in the international design application when filed with the International Bureau (IB).
  • The priority claim must specify the application number and filing date of the priority application.
  • File a certified copy of the priority application with the IB or the USPTO, or have it retrieved through the Digital Access Service (DAS).

According to MPEP 213.07: An applicant filing an international design application designating the United States may claim priority to one or more prior foreign applications under the Paris Convention or to a prior provisional application under 35 U.S.C. 119(e).

Topics: MPEP 200 – Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case