What is foreign priority in international design applications?
Foreign priority in international design applications refers to the right to claim priority to an earlier filed foreign application or international design application. According to MPEP 2920.05(d), this right is granted under 35 U.S.C. 386(a) and (b):
“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.”
This provision allows applicants to claim priority to earlier filed international design applications, potentially preserving an earlier effective filing date for their design.
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