How does claiming priority work for international design applications?

Claiming priority for international design applications has some specific provisions, particularly when the application designates the United States. These provisions are outlined in the MPEP and relevant regulations.

According to MPEP 213.07: “Pursuant to 35 U.S.C. 386(a) and 37 CFR 1.55, a nonprovisional application may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 with respect to a prior international design application that designates at least one country other than the United States.”

Key points about priority in international design applications include:

• The right of priority under 35 U.S.C. 386(a) or (b) applies only to applications filed on or after May 13, 2015.
• For nonprovisional international design applications, the priority claim must be presented in an application data sheet during the pendency of the application, unless made in accordance with the Hague Agreement and Regulations.
• The certified copy of the priority document must be furnished within the time period specified in 37 CFR 1.55(g).
• An international design application designating the U.S. can claim priority to a prior foreign application, PCT application, or another international design application.

The MPEP also notes: “See MPEP § 2920.05(d) for additional information pertaining to the right of priority based upon an international design application.”

These provisions ensure that design patent applicants can properly claim priority to earlier filed applications in the context of the international design registration system.

For more information on design patent, visit: design patent.

For more information on Hague Agreement, visit: Hague Agreement.