What is the priority period for design patent applications under 35 U.S.C. 119(a)-(d)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. The priority period for design patent applications under 35 U.S.C. 119(a)-(d) is six months. This is specified in 35 U.S.C. 172 , which states: “ The right of priority provided for by subsections (a) through (d) of section 119 shall be six months in the case of designs. “ This means that to obtain the benefit of an earlier foreign filing date, the U.S. design patent application must be filed within 6 months of the earliest date on which any foreign application for the same design was filed. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Ex Parte Quayle Action for Design Patent Allowability MPEP 1504 Right of Priority for Earlier Filed Applications MPEP 1504.02 Novelty Requires Nonobviousness Test Under 35 U.S.C. 103 MPEP 1504.03 Required Copending Application Must Have Common Assignee or Inventor MPEP 1504.02 Required Requirement for Copending Design Patent as Prior Art MPEP 1504.03 Recommended Effectively Filed Date for Prior Art Under 102(a)(2) MPEP 1504.02 Required Foreign Design Registration Equivalent to Patent for Priority Purposes MPEP 1504.02 Search Must Cover Design and Mechanical Classes MPEP 1504 Required Search Must Include Catalogs, Trade Journals, and Foreign Databases MPEP 1504 Rejection Must Be Withdrawn If Overcome MPEP 1504 Required Other Related FAQs 5 FAQs Collapse Are there any exceptions to the benefit claim requirements for design applications? Are there different priority claim requirements for design patent applications? What is the process for addressing rejections in design patent applications? Can a rejected design patent application be amended to remove offensive content? What is the &#8220;article of manufacture&#8221; requirement ...