PRIA, Government Policy, Made Personal

Summary

A U.S. design application can use the filing date of an earlier international or foreign design filing if it follows the rules in sections 119(a)–(d) and 172. A U.S. national application may claim priority from an earlier international design application that named at least one country other than the United States. An international design application that names the United States may claim priority from an earlier foreign application, an earlier international application (see section 351(c)) that named a non‑U.S. country, or an earlier international design application that named a non‑U.S. country. Under section 120, an international design application naming the United States may also use the filing date of an earlier U.S. national application, an earlier international application (section 351(c)) that named the United States, or an earlier international design application that named the United States. If the earlier international filing named but did not originate in the United States, the Director may ask for a certified copy and an English translation to be filed at the Patent and Trademark Office.

Title 35, §386

Patents, Source: USLM XML via OLRC

(a)National Application.—

In accordance with the conditions and requirements of subsections (a) through (d) of section 119 and section 172, a national application shall be entitled to the right of priority based on a prior international design application that designated at least 1 country other than the United States.

(b)Prior Foreign Application.—

In accordance with the conditions and requirements of subsections (a) through (d) of section 119 and section 172 and the treaty and the Regulations, an international design application designating the United States shall be entitled to the right of priority based on a prior foreign application, a prior international application as defined in section 351(c) designating at least 1 country other than the United States, or a prior international design application designating at least 1 country other than the United States.

(c)Prior National Application.—

In accordance with the conditions and requirements of section 120, an international design application designating the United States shall be entitled to the benefit of the filing date of a prior national application, a prior international application as defined in section 351(c) designating the United States, or a prior international design application designating the United States, and a national application shall be entitled to the benefit of the filing date of a prior international design application designating the United States. If any claim for the benefit of an earlier filing date is based on a prior international application as defined in section 351(c) which designated but did not originate in the United States or a prior international design application which designated but did not originate in the United States, the Director may require the filing in the Patent and Trademark Office of a certified copy of such application together with a translation thereof into the English language, if it was filed in another language.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (May 13, 2015), and applicable only to certain applications filed on and after that

Effective Date

and patents issuing thereon, see section 103 of Pub. L. 112–211, set out as an

Effective Date

of 2012 Amendment note under section 100 of this title.

§386 Right of Priority

Summary

Title 35, §386

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata