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.
For an international design application designating the United States, the requirements for claiming foreign priority are as follows:
- The claim for priority can be made in accordance with the Hague Agreement and the Hague Agreement Regulations.
- The claim must comply with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172.
- Priority can be claimed with respect to a prior foreign application, international application (PCT) 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(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) 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.