What is the time limit for claiming benefit of a prior-filed application in an international design application?
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 time limit for claiming benefit of a prior-filed application in an international design application is specified in MPEP 2920.05(e):
“The right of priority may be restored where the international design application is filed after the expiration of the priority period but within a period of two months from the expiration of the priority period.”
This means that applicants have a two-month grace period after the standard priority period to restore their right of priority. However, it’s important to note that this restoration is subject to certain conditions and fees.