What are the requirements for claiming priority to a foreign application for design patents?
Claiming priority to a foreign application for design patents requires meeting specific criteria:
- The foreign application must be filed within 6 months preceding the U.S. filing date.
- The foreign application must be from a country that grants similar privileges to U.S. citizens.
- The applicant must make a claim for priority and submit a certified copy of the foreign application.
As stated in MPEP 1504.20: “In addition to claiming priority of the foreign application, applicant also must file either a certified copy of the foreign application or a certification under 37 CFR 1.55(k) within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application.”
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