How does the Paris Convention affect design patent priority claims?
The Paris Convention plays a crucial role in design patent priority claims. According to MPEP 1504.10:
“The right of priority is based on the first filing in a Paris Convention country or a WTO member country and is not based on a previous U.S. patent application.”
This means that applicants can claim priority based on their first filing in any country that is a member of the Paris Convention or the World Trade Organization (WTO), not just in the United States. This international agreement allows designers to protect their inventions across multiple countries more effectively.
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