What types of prior applications can be used for claiming priority in an international design application designating the United States?

An international design application designating the United States can claim priority based on several types of prior applications. According to MPEP 213.07:

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.

The types of prior applications that can be used for claiming priority include:

  • A prior foreign application
  • An international application (PCT) designating at least one country other than the United States
  • A prior international design application designating at least one country other than the United States

These priority claims must comply with the conditions and requirements set forth in 35 U.S.C. 119(a)-(d) and 172, as well as the Hague Agreement and its Regulations.

For more information on foreign priority, visit: foreign priority.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on prior applications, visit: prior applications.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 213-Right of Priority of Foreign Application, Patent Law, Patent Procedure
Tags: foreign priority, Hague Agreement, prior applications