What is the process for restoring the right of priority in a design patent application?
The right of priority in a design patent application can be restored under certain conditions if the application is filed within two months of the expiration of the six-month priority period. According to MPEP 1504.10:
“Under certain conditions, a right of priority to a foreign application may be restored if the U.S. design application is filed within two months of the expiration of the six-month period specified in 35 U.S.C. 172. See 37 CFR 1.55(c).“
To restore the right of priority, the applicant must:
- File a petition under 37 CFR 1.55(c)
- Include the priority claim in an application data sheet
- Pay the petition fee set forth in 37 CFR 1.17(m)
- Provide a statement that the delay in filing was unintentional
The petition should be filed in the design application or the earliest nonprovisional application claiming benefit to it. The USPTO may require additional information to verify that the delay was unintentional.
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