# MPEP § 2920.05(d): Foreign Priority

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S2920.05(d)

## Section

- **Citation:** MPEP § 2920.05(d)
- **Heading:** Foreign Priority
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO MPEP / Chapter 2900 - International Design Applications / MPEP § 2920.05(d)

## Text

35 U.S.C. 386
Right of priority.
(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.
*****
37 CFR 1.55 Claim for foreign priority.
(a)
In general.
An applicant in a nonprovisional application
may claim priority to one or more prior foreign applications under the
conditions specified in
35 U.S.C. 119(a) through (d) and
(f)
,
172
,
365(a) and
(b)
, and
35 U.S.C. 386(a) or (b)
and this section.
(b)
Time for filing subsequent application.
The
nonprovisional application must be:
(1) Filed not later than twelve months (six
months in the case of a design application) after the date on which
the foreign application was filed, subject to paragraph (c) of this
section (a subsequent application); or
(2) Entitled to claim the benefit under
35 U.S.C. 120
,
121
,
365(c)
, or
386(c)
of a subsequent application that was
filed within the period set forth in paragraph (b)(1) of this
section.
ed not later than twelve months (six
months in the case of a design application) after the date on which
the foreign application was filed, subject to paragraph (c) of this
section (a subsequent application); or
(2) Entitled to claim the benefit under
35 U.S.C. 120
,
121
,
365(c)
, or
386(c)
of a subsequent application that was
filed within the period set forth in paragraph (b)(1) of this
section.
(c)
Delayed filing of subsequent application.
If the
subsequent application has a filing date which is after the expiration of
the period set forth in paragraph (b)(1) of this section, but within two
months from the expiration of the period set forth in paragraph (b)(1) of
this section, the right of priority in the subsequent application may be
restored under
PCT Rule
26bis.3
for an international
application, or upon petition pursuant to this paragraph, if the delay in
filing the subsequent application within the period set forth in paragraph
(b)(1) of this section was unintentional. A petition to restore the right of
priority under this paragraph filed on or after May 13, 2015, must be filed
in the subsequent application, or in the earliest nonprovisional application
claiming benefit under
35 U.S.C. 120
,
121
,
365(c)
, or
386(c)
to the subsequent
application, if such subsequent application is not a nonprovisional
application. Any petition to restore the right of priority under this
paragraph must include:
(1) The priority claim under
35 U.S.C. 119(a) through (d) or (f)
,
365(a) or (b)
, or
386(a) or
t application, or in the earliest nonprovisional application
claiming benefit under
35 U.S.C. 120
,
121
,
365(c)
, or
386(c)
to the subsequent
application, if such subsequent application is not a nonprovisional
application. Any petition to restore the right of priority under this
paragraph must include:
(1) The priority claim under
35 U.S.C. 119(a) through (d) or (f)
,
365(a) or (b)
, or
386(a) or
(b)
in an application data sheet (§
1.76(b)(6)
),
identifying the foreign application to which priority is claimed, by
specifying the application number, country (or intellectual property
authority), day, month, and year of its filing, unless previously
submitted;
(2) The petition fee as set forth in §
1.17(m)
; and
(3) A statement that the delay in filing the
subsequent application within the period set forth in paragraph (b)(1)
of this section was unintentional. The Director may require additional
information where there is a question whether the delay was
unintentional.
(d)
Time for filing priority claim—
(1)
Application under
35 U.S.C.
111(a)
.
The claim for priority must
be filed within the later of four months from the actual filing date
of the application or sixteen months from the filing date of the prior
foreign application in an original application filed under
35 U.S.C. 111(a)
,
except as provided in paragraph (e) of this section. The claim for
priority must be presented in an application data sheet (§
1.76(b)(6)
) and
must identify the foreign application to which priority is claimed by
specifying the application number, country (or intellectual property
authority), day, month, and year of its filing. The time periods in
this paragraph do not apply if the later-filed application is:
ovided in paragraph (e) of this section. The claim for
priority must be presented in an application data sheet (§
1.76(b)(6)
) and
must identify the foreign application to which priority is claimed by
specifying the application number, country (or intellectual property
authority), day, month, and year of its filing. The time periods in
this paragraph do not apply if the later-filed application is:
(i) An application for a design
patent; or
(ii) An application filed under 35
U.S.C. 111(a) before November 29, 2000.
(2)
Application under
35 U.S.C.
371
.
The claim for priority must be
made within the time limit set forth in the PCT and the Regulations
under the PCT in an international application entering the national
stage under
35 U.S.C. 371
,
except as provided in paragraph (e) of this section.
(e)
Delayed priority claim.
Unless such claim is accepted in
accordance with the provisions of this paragraph, any claim for priority
under
35
U.S.C. 119(a) through (d) or (f)
,
365(a) or
(b)
, or
35 U.S.C. 386(a) or (b)
not presented in the manner required by paragraph (d) or (m) of this section
during pendency and within the time period provided by paragraph (d) of this
section (if applicable) is considered to have been waived. If a claim for
priority is considered to have been waived under this section, the claim may
be accepted if the priority claim was unintentionally delayed. A petition to
accept a delayed claim for priority under
35 U.S.C. 119(a)-(d) or
(f)
,
365(a) or (b)
, or
386(a) or (b)
must be
accompanied by:
(1) The priority claim under
35 U.S.C. 119(a) through (d) or (f)
,
365(a) or (b)
, or
386(a) or
(b)
in an application data sheet (§
1.76(b)(6)
),
identifying the foreign application to which priority is claimed, by
specifying the application number, country (or intellectual property
authority), day, month, and year of its filing, unless previously
submitted;
(2) A certified copy of the foreign
application, unless previously submitted or an exception in paragraph
365(a) or (b)
, or
386(a) or
(b)
in an application data sheet (§
1.76(b)(6)
),
identifying the foreign application to which priority is claimed, by
specifying the application number, country (or intellectual property
authority), day, month, and year of its filing, unless previously
submitted;
(2) A certified copy of the foreign
application, unless previously submitted or an exception in paragraph
(h), (i), or (j) of this section applies;
(3) The petition fee as set forth in §
1.17(m)
; and
(4) A statement that the entire delay
between the date the priority claim was due under this section and the
date the priority claim was filed was unintentional. The Director may
require additional information where there is a question whether the
delay was unintentional.
(f)
Time for filing certified copy of foreign application—
(1)
Application under
35 U.S.C.
111(a)
.
A certified copy of the
foreign application must be filed within the later of four months from
the actual filing date of the application, or sixteen months from the
filing date of the prior foreign application, in an original
application under
35 U.S.C. 111(a)
filed on or after March 16, 2013, except as provided in paragraphs
(h), (i), and (j) of this section. The time period in this paragraph
does not apply in a design application.
(2)
Application under
35 U.S.C.
371
.
A certified copy of the foreign
application must be filed within the time limit set forth in the PCT
and the Regulations under the PCT in an international application
entering the national stage under
35 U.S.C. 371
. If
a certified copy of the foreign application is not filed during the
international stage in an international application in which the
national stage commenced on or after December 18, 2013, a certified
copy of the foreign application must be filed within the later of four
months from the date on which the national stage commenced under
35 U.S.C. 371(b)
or
the national stage under
35 U.S.C. 371
. If
a certified copy of the foreign application is not filed during the
international stage in an international application in which the
national stage commenced on or after December 18, 2013, a certified
copy of the foreign application must be filed within the later of four
months from the date on which the national stage commenced under
35 U.S.C. 371(b)
or
(f)
(§
1.491(a)
), four
months from the date of the initial submission under
35 U.S.C.
371
to enter the national stage, or sixteen
months from the filing date of the prior foreign application, except
as provided in paragraphs (h), (i), and (j) of this section.
(3) If a certified copy of the foreign
application is not filed within the time period specified [in]
paragraph (f)(1) of this section in an application under
35 U.S.C. 111(a)
or within the period specified in paragraph (f)(2) of this section in
an international application entering the national stage under
35 U.S.C. 371
, and an exception in paragraph
(h), (i), or (j) of this section is not applicable, the certified copy
of the foreign application must be accompanied by a petition including
a showing of good and sufficient cause for the delay and the petition
fee set forth in §
1.17(g)
.
(g)
Requirement for filing priority claim, certified copy of foreign
application, and translation in any application.
(1) The claim for priority and the
certified copy of the foreign application specified in
35 U.S.C. 119(b)
or
PCT Rule
17
must, in any event, be filed within the
pendency of the application, unless filed with a petition under
paragraph (e) or (f) of this section, or with a petition accompanied
by the fee set forth in §
1.17(g)
which includes a showing of good and
sufficient cause for the delay in filing the certified copy of the
foreign application in a design application
specified in
35 U.S.C. 119(b)
or
PCT Rule
17
must, in any event, be filed within the
pendency of the application, unless filed with a petition under
paragraph (e) or (f) of this section, or with a petition accompanied
by the fee set forth in §
1.17(g)
which includes a showing of good and
sufficient cause for the delay in filing the certified copy of the
foreign application in a design application. If the claim for priority
or the certified copy of the foreign application is filed after the
date the issue fee is paid, the patent will not include the priority
claim unless corrected by a certificate of correction under
35 U.S.C. 255
and §
1.323
.
(2) The Office may require that the claim
for priority and the certified copy of the foreign application be
filed earlier than otherwise provided in this section:
(i) When the application is involved
in an interference (see §
41.202
of
this chapter) or derivation (see
part 42
of this chapter) proceeding;
(ii) When necessary to overcome the
date of a reference relied upon by the examiner; or
(iii) When deemed necessary by the
examiner.
(3) An English language translation of a
non-English language foreign application is not required except:
(i) When the application is involved
in an interference (see §
41.202
of
this chapter) or derivation (see
part 42
of this chapter) proceeding;
(ii) When necessary to overcome the
date of a reference relied upon by the examiner; or
(iii) When specifically required by the
examiner.
(4) If an English language translation of a
non-English language foreign application is required, it must be filed
together with a statement that the translation of the certified copy
is accurate.
chapter) or derivation (see
part 42
of this chapter) proceeding;
(ii) When necessary to overcome the
date of a reference relied upon by the examiner; or
(iii) When specifically required by the
examiner.
(4) If an English language translation of a
non-English language foreign application is required, it must be filed
together with a statement that the translation of the certified copy
is accurate.
(h)
Certified copy in another U.S. patent or application.
The
requirement in paragraphs (f) and (g) of this section for a certified copy
of the foreign application will be considered satisfied in a reissue
application if the patent for which reissue is sought satisfies the
requirement of this section for a certified copy of the foreign application
and such patent is identified as containing a certified copy of the foreign
application. The requirement in paragraphs (f) and (g) of this section for a
certified copy of the foreign application will also be considered satisfied
in an application if a prior-filed nonprovisional application for which a
benefit is claimed under
35 U.S.C. 120
,
121
,
365(c)
, or
386(c)
contains a
certified copy of the foreign application and such prior-filed
nonprovisional application is identified as containing a certified copy of
the foreign application.
(i)
Foreign intellectual property office participating in a priority
document exchange agreement.
The requirement in paragraphs (f)
and (g) of this section for a certified copy of the foreign application to
be filed within the time limit set forth therein will be considered
satisfied if:
(1) The foreign application was filed in a
foreign intellectual property office participating with the Office in
a bilateral or multilateral priority document exchange agreement
(participating foreign intellectual property office), or a copy of the
foreign application was filed in an application subsequently filed in
a participating foreign intellectual property office that permits the
Office to obtain such a copy;
plication was filed in a
foreign intellectual property office participating with the Office in
a bilateral or multilateral priority document exchange agreement
(participating foreign intellectual property office), or a copy of the
foreign application was filed in an application subsequently filed in
a participating foreign intellectual property office that permits the
Office to obtain such a copy;
(2) The claim for priority is presented in
an application data sheet (§
1.76(b)(6)
),
identifying the foreign application for which priority is claimed, by
specifying the application number, country (or intellectual property
authority), day, month, and year of its filing, and the applicant
provides the information necessary for the participating foreign
intellectual property office to provide the Office with access to the
foreign application;
(3) The copy of the foreign application is
received by the Office from the participating foreign intellectual
property office, or a certified copy of the foreign application is
filed, within the period specified in paragraph (g)(1) of this
section; and
(4) The applicant files in a separate
document a request that the Office obtain a copy of the foreign
application from a participating intellectual property office that
permits the Office to obtain such a copy where, although the foreign
application was not filed in a participating foreign intellectual
property office, a copy of the foreign application was filed in an
application subsequently filed in a participating foreign intellectual
property office that permits the Office to obtain such a copy. The
request must identify the participating intellectual property office
and the subsequent application by the application number, day, month,
and year of its filing in which a copy of the foreign application was
filed. The request must be filed within the later of sixteen months
from the filing date of the prior foreign application, four months
from the actual filing date of an application under
35 U.S.C
est must identify the participating intellectual property office
and the subsequent application by the application number, day, month,
and year of its filing in which a copy of the foreign application was
filed. The request must be filed within the later of sixteen months
from the filing date of the prior foreign application, four months
from the actual filing date of an application under
35 U.S.C.
111(a)
, four months from the date on which the
national stage commenced under
35 U.S.C. 371(b)
or
(f)
(§
1.491(a)
), or
four months from the date of the initial submission under
35 U.S.C. 371
to enter the national stage, or
the request must be accompanied by a petition under paragraph (e) or
(f) of this section.
(j)
Interim copy.
The requirement in paragraph (f) of this
section for a certified copy of the foreign application to be filed within
the time limit set forth therein will be considered satisfied if:
(1) A copy of the original foreign
application clearly labeled as "Interim Copy," including the
specification, and any drawings or claims upon which it is based, is
filed in the Office together with a separate cover sheet identifying
the foreign application by specifying the application number, country
(or intellectual property authority), day, month, and year of its
filing, and stating that the copy filed in the Office is a true copy
of the original application as filed in the foreign country (or
intellectual property authority);
(2) The copy of the foreign application and
separate cover sheet are filed within the later of sixteen months from
the filing date of the prior foreign application, four months from the
actual filing date of an application under
35 U.S.C.
111(a)
, four months from the date on which the
national stage commenced under
35 U.S.C. 371(b)
or
d in the foreign country (or
intellectual property authority);
(2) The copy of the foreign application and
separate cover sheet are filed within the later of sixteen months from
the filing date of the prior foreign application, four months from the
actual filing date of an application under
35 U.S.C.
111(a)
, four months from the date on which the
national stage commenced under
35 U.S.C. 371(b)
or
(f)
(§
1.491(a)
), four
months from the date of the initial submission under
35 U.S.C.
371
to enter the national stage, or with a
petition under paragraph (e) or (f) of this section; and
(3) A certified copy of the foreign
application is filed within the period specified in paragraph (g)(1)
of this section.
(k)
Requirements for certain applications filed on or after March 16,
2013.
If a nonprovisional application filed on or after March
16, 2013, other than a nonprovisional international design application,
claims priority to a foreign application filed prior to March 16, 2013, and
also contains, or contained at any time, a claim to a claimed invention that
has an effective filing date as defined in §
1.109
that is on or after March 16, 2013, the applicant must provide a statement
to that effect within the later of four months from the actual filing date
of the nonprovisional application, four months from the date of entry into
the national stage as set forth in §
1.491
in an
international application, sixteen months from the filing date of the prior
foreign application, or the date that a first claim to a claimed invention
that has an effective filing date on or after March 16, 2013, is presented
in the nonprovisional application. An applicant is not required to provide
such a statement if the applicant reasonably believes on the basis of
information already known to the individuals designated in §
1.56(c)
that the nonprovisional application does not,
and did not at any time, contain a claim to a claimed invention that has an
effective filing date on or after March 16, 2013.
, is presented
in the nonprovisional application. An applicant is not required to provide
such a statement if the applicant reasonably believes on the basis of
information already known to the individuals designated in §
1.56(c)
that the nonprovisional application does not,
and did not at any time, contain a claim to a claimed invention that has an
effective filing date on or after March 16, 2013.
(l)
Inventor's certificates.
An applicant in a nonprovisional
application may under certain circumstances claim priority on the basis of
one or more applications for an inventor's certificate in a country granting
both inventor's certificates and patents. To claim the right of priority on
the basis of an application for an inventor's certificate in such a country
under
35
U.S.C. 119(d)
, the applicant, when submitting a claim
for such right as specified in this section, must include an affidavit or
declaration. The affidavit or declaration must include a specific statement
that, upon an investigation, he or she is satisfied that to the best of his
or her knowledge, the applicant, when filing the application for the
inventor’s certificate, had the option to file an application for either a
patent or an inventor’s certificate as to the subject matter of the
identified claim or claims forming the basis for the claim of priority.
(m)
Time for filing priority claim and certified copy of foreign
application in an international design application designating the United
States.
In an international design application designating the
United States, the claim for priority may be made in accordance with the
Hague Agreement and the Hague Agreement Regulations
e
identified claim or claims forming the basis for the claim of priority.
(m)
Time for filing priority claim and certified copy of foreign
application in an international design application designating the United
States.
In an international design application designating the
United States, the claim for priority may be made in accordance with the
Hague Agreement and the Hague Agreement Regulations. In a nonprovisional
international design application, the priority claim, unless made in
accordance with the Hague Agreement and the Hague Agreement Regulations,
must be presented in an application data sheet (§
1.76(b)(6)
), identifying the foreign application for
which priority is claimed, by specifying the application number, country (or
intellectual property authority), day, month, and year of its filing. In a
nonprovisional international design application, the priority claim and
certified copy must be furnished in accordance with the time period and
other conditions set forth in paragraph (g) of this section.
(n)
Applications filed before September 16, 2012.
Notwithstanding the requirement in paragraphs (d)(1), (e)(1), and (i)(2) of
this section that any priority claim be presented in an application data
sheet (
§ 1.76
§), this requirement in paragraphs (d)(1),
(e)(1), and (i)(2) of this section will be satisfied by the presentation of
such priority claim in the oath or declaration under
§
1.63
in a nonprovisional application filed under
35 U.S.C. 111(a)
before September 16, 2012, or
resulting from an international application filed under
35 U.S.C.
363
before September 16, 2012. The provisions of this
paragraph do not apply to any priority claim submitted for a petition under
paragraph (c) of this section to restore the right of priority to a foreign
application.
(o)
Priority under 35 U.S.C. 386(a) or (b).
The right of
priority under
35 U.S.C. 386(a)
or
September 16, 2012, or
resulting from an international application filed under
35 U.S.C.
363
before September 16, 2012. The provisions of this
paragraph do not apply to any priority claim submitted for a petition under
paragraph (c) of this section to restore the right of priority to a foreign
application.
(o)
Priority under 35 U.S.C. 386(a) or (b).
The right of
priority under
35 U.S.C. 386(a)
or
(b)
with respect to an
international design application is applicable only to nonprovisional
applications, international applications, and international design
applications filed on or after May 13, 2015, and patents issuing
thereon.
(p)
Time periods in this section.
The time periods set forth
in this section are not extendable, but are subject to
35 U.S.C.
21(b)
(and §
1.7(a)
),
PCT Rule 80.5
, and Hague
Agreement Rule 4(4).
Pursuant to
35 U.S.C.
386(a)
and
37 CFR 1.55
, a nonprovisional
application may make a claim of foreign priority in accordance with the conditions
and requirements of
35 U.S.C. 119(a)-(d)
and
172
with
respect to a prior international design application that designates at least one
country other than the United States. 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 provisions of
35 U.S.C. 386(a)
and
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 provisions of
35 U.S.C. 386(a)
and
(b)
apply to nonprovisional applications, international
applications (PCT) and international design applications filed on or after May 13,
2015, and patents issued therefrom. See
37 CFR 1.55(o)
and
MPEP
§§ 213
et seq.
and
1504.10
.
In an international design application designating the
United States, the claim for priority may be made in accordance with the Hague
Agreement and the Hague Agreement Regulations. See
37 CFR
1.55(m)
. Alternatively, in a nonprovisional international
design application, the foreign priority claim may be presented in a corrected
application data sheet (
37 CFR 1.76(b)(6)
), identifying
the foreign application for which priority is claimed, by specifying the application
number, country (or intellectual property authority), day, month, and year of its
filing. See
MPEP § 601.05(a)
, subsection II. The
priority claim and certified copy must be furnished in accordance with the time
period and other conditions set forth in
37 CFR 1.55(g)
.
Pursuant to Administrative Instruction 408, a
priority claim made in accordance with Hague Agreement Rule 7(5)(c) may be
accompanied by a WIPO Digital Access Service (DAS) access code, if available. The
official form for the application for international registration (the DM/1 form or
the electronic interface of the International Bureau’s electronic filing system
having the same contents and format as the DM/1 form) includes a field in the
priority claim section to provide the WIPO access code. See
MPEP §§
2909
and
2909.01
ied by a WIPO Digital Access Service (DAS) access code, if available. The
official form for the application for international registration (the DM/1 form or
the electronic interface of the International Bureau’s electronic filing system
having the same contents and format as the DM/1 form) includes a field in the
priority claim section to provide the WIPO access code. See
MPEP §§
2909
and
2909.01
. Providing the WIPO access code in accordance with
Administrative Instruction 408 will allow the USPTO to automatically attempt
retrieval of the priority document via WIPO DAS in a nonprovisional international
design application. If the USPTO is able to retrieve the priority document via WIPO
DAS, the priority document will be considered to satisfy the requirement under
37 CFR
1.55
for a certified copy of the priority document. If the WIPO
access code is not provided in accordance with Administrative Instruction 408, the
WIPO access code may be provided to the USPTO by submitting in the nonprovisional
international design application a corrected application data sheet
(
37 CFR
1.76(c)
) and a request for a corrected filing receipt.
Applicants are reminded that they continue to bear the ultimate responsibility for
ensuring that the priority document is filed during the pendency of the application
and before the patent is issued. Accordingly, applicants are encouraged to provide
the WIPO access code to the USPTO as soon as possible and to check as necessary to
confirm receipt by the USPTO of appropriate documents.
When making a foreign priority claim to an earlier
filed international design application pursuant to
35 U.S.C.
386(a)
or
document is filed during the pendency of the application
and before the patent is issued. Accordingly, applicants are encouraged to provide
the WIPO access code to the USPTO as soon as possible and to check as necessary to
confirm receipt by the USPTO of appropriate documents.
When making a foreign priority claim to an earlier
filed international design application pursuant to
35 U.S.C.
386(a)
or
(b)
and
37 CFR
1.55
, the USPTO will accept identification of the earlier
international design application either by the application number assigned by the
International Bureau or by its international registration number. Applicants should
note, however, that on January 15, 2020, the International Bureau became a depositing
office under WIPO DAS for international design applications and, to utilize WIPO DAS
for retrieval of an international design application, the international design
application must be identified by the application number in a specified format (i.e.,
WIPONNNNN or WIPONNNNNN (for electronic direct filings with the International
Bureau), or NNNNNNNNN (for indirect filings or paper applications)). See Tip #5 on
the Electronic Priority Document Exchange (PDX) Program site on
www.uspto.gov/PatentsPDX/
.
The USPTO site also includes information regarding the application number format for
other types of foreign applications needed for retrieval via WIPO DAS.
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. Where a nonprovisional international design
application directly claims priority to a foreign application, the six month period
is measured with respect to the U.S
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. Where a nonprovisional international design
application directly claims priority to a foreign application, the six month period
is measured with respect to the U.S. filing date of the international design
application, which may or may not be the same as the international filing date
assigned by the International Bureau. See
MPEP §§
2906-2908
. Where there was a delay in filing the subsequent
application within this six month period, the right of priority may be restored under
the conditions set forth in
37 CFR 1.55(c)
and
MPEP §
213.03
, subsection III.

## Nearby sections

- [MPEP § 2901 Basic Hague Agreement Principles](https://www.frixlaw.com/law-library/statutes/MPEP_S2901.md)
- [MPEP § 2902 Definitions](https://www.frixlaw.com/law-library/statutes/MPEP_S2902.md)
- [MPEP § 2903 Declarations under the Hague Agreement Made by the United States of America](https://www.frixlaw.com/law-library/statutes/MPEP_S2903.md)
- [MPEP § 2904 Who May File An International Design Application](https://www.frixlaw.com/law-library/statutes/MPEP_S2904.md)
- [MPEP § 2905 Where to File An International Design Application](https://www.frixlaw.com/law-library/statutes/MPEP_S2905.md)
- [MPEP § 2905.01 Filing Through the USPTO as an Office of Indirect Filing](https://www.frixlaw.com/law-library/statutes/MPEP_S2905.01.md)
- [MPEP § 2906 Filing Date Requirements](https://www.frixlaw.com/law-library/statutes/MPEP_S2906.md)
- [MPEP § 2907 International Registration and Date of the International Registration](https://www.frixlaw.com/law-library/statutes/MPEP_S2907.md)
- [MPEP § 2908 Filing Date in the United States](https://www.frixlaw.com/law-library/statutes/MPEP_S2908.md)
- [MPEP § 2909 Contents of the International Design Application](https://www.frixlaw.com/law-library/statutes/MPEP_S2909.md)
- [MPEP § 2909.01 Official Form for the Application for International Registration](https://www.frixlaw.com/law-library/statutes/MPEP_S2909.01.md)
- [MPEP § 2909.02 Reproductions (Drawings)](https://www.frixlaw.com/law-library/statutes/MPEP_S2909.02.md)
- [MPEP § 2909.02(a) Reproductions Submitted Through the USPTO Patent Electronic Filing System](https://www.frixlaw.com/law-library/statutes/MPEP_S2909.02(a).md)
- [MPEP § 2909.03 Annexes](https://www.frixlaw.com/law-library/statutes/MPEP_S2909.03.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S2920.05(d). Check the current official text before relying on it. Not legal advice.