What is the significance of 35 U.S.C. 386 for international design applications?

35 U.S.C. 386 establishes the right of priority for international design applications. It addresses two key scenarios:

1. National applications claiming priority from international design applications
2. International design applications claiming priority from prior foreign applications

The MPEP explains:

“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.”

“Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations thereunder with respect to a prior foreign application, international application (PCT) designating at least one country other than the United States, or a prior international design application designating at least one country other than the United States.”

These provisions apply to applications filed on or after May 13, 2015, and patents issued from such applications.