How does the right of priority work for international design applications?

The right of priority for international design applications is governed by 35 U.S.C. 386. There are two main scenarios:

1. A U.S. national application can claim priority from a prior international design application that designated at least one country other than the United States.
2. An international design application designating the United States can claim priority from a prior foreign application, a prior PCT application designating at least one country other than the United States, or a prior international design application designating at least one country other than the United States.

The MPEP states: 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.

To learn more:

• international design application
• priority claim
• design patent