1504.10 Priority Under 35 U.S.C. 119(a)-(d),386(a) and (b)
|
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.
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 make a claim for priority 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.
