What is the time limit for filing a foreign priority claim in international design applications?
The time limit for filing a foreign priority claim in international design applications is specified in 35 U.S.C. 119(a) and 172, and 37 CFR 1.55(b)(1). According to MPEP 2920.05(d):
“Pursuant to 35 U.S.C. 119(a) and 172, and 37 CFR 1.55(b)(1), the nonprovisional international design application must be filed not later than six months after the date on which the foreign application was filed, or be entitled to claim the benefit under 35 U.S.C. 120, 121, 365(c), or 386(c) of an application that was filed within this six month period.”
It’s important to note that for nonprovisional international design applications directly claiming priority to a foreign application, the six-month period is measured from the U.S. filing date of the international design application, which may differ from the international filing date assigned by the International Bureau.
If there was a delay in filing within this six-month period, it may be possible to restore the right of priority under certain conditions as outlined in 37 CFR 1.55(c) and MPEP § 213.03, subsection III.
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