How does foreign registration affect design patent anticipation in the US?
Foreign registration can significantly impact design patent anticipation in the US. The MPEP states: Registration of a design abroad is considered to be equivalent to patenting for priority purposes under 35 U.S.C. 119(a) – (d) and for prior art purposes pre-AIA 35 U.S.C. 102(d), whether or not the foreign grant is published.
This means that a design registered in a foreign country can be used as prior art against a US design patent application, potentially leading to an anticipation rejection. The date of the foreign registration is crucial in determining its effect on the US application’s novelty.
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