How does the USPTO handle priority claims in international design applications?

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.

The USPTO handles priority claims in international design applications as follows:

• Priority claims are made in the international design application before WIPO.
• The USPTO does not review or make any determination regarding the validity of such priority claims during national stage examination.
• Applicants are not required to submit certified copies of the priority documents to the USPTO.
• The USPTO will review priority claims only if they become relevant to examination.

As stated in MPEP 2920.05(d): “The USPTO will not review the validity of the priority claim during national stage examination. The USPTO will only review priority claims if they become relevant to examination.”