How does the USPTO handle priority claims in international design applications?
The USPTO handles priority claims in international design applications as follows:
- For international design applications designating the United States, the USPTO acts as an office of indirect filing.
- Priority claims must be made in the international design application when filed with the International Bureau.
- The USPTO will not transmit a priority claim made in a subsequently filed transmittal letter.
- Applicants should review the international registration certificate to ensure their priority claims are properly recorded.
As stated in MPEP 213.07: The United States Patent and Trademark Office (USPTO), in its capacity as an office of indirect filing, will not transmit to the International Bureau a priority claim that is made in a subsequently filed transmittal letter and not in the international design application as filed with the International Bureau.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure