What is the difference in priority claim requirements for design applications compared to utility applications?

The main differences in priority claim requirements for design applications compared to utility applications are:

• Time limit: Design applications can claim priority at any time during pendency, while utility applications have specific deadlines
• Restoration of priority: Not applicable to design applications

MPEP 214.01 states: “The time periods set forth in 37 CFR 1.55(d) do not apply to design applications.” Additionally, “In a design application, a claim for priority may be made at any time during the pendency of the application.”

However, both design and utility applications must still meet other requirements, such as providing a certified copy of the foreign application and properly identifying the priority application.