1504.10 Priority Under 35 U.S.C. 119(a)-(d),386(a) and (b)
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The right of priority provided for by subsections (a) through (d) of section 119 shall be six months in the case of designs. The right of priority provided for by section 119(e) shall not apply to designs.
The provisions of 35 U.S.C. 119(a)-(d), 172, 386(a) and (b) apply to design patent applications.
- In order to obtain the benefit of an earlier foreign filing date, the United States application must be filed within 6 months of the earliest date on which any foreign application for the same design was filed.
Where a design patent application claims benefit under 35 U.S.C. 120 to an intermediate nonprovisional utility patent application that directly claims priority to a foreign application, the intermediate nonprovisional utility application must have been filed within 6 months of the filing date of the foreign priority application in order for the design patent application to obtain the benefit of the earlier foreign filing date.
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.
Design applications may not claim the benefit of a provisional application.
For design applications filed on or after May 13, 2015, a claim for priority may be made to an international design application pursuant to the PLTIA.
