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Priority Claim - US Design Patent Applications and Industrial Design Registrations
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A new and
non-obvious ornamental design for an article of manufacture may be protected In
the United States
by a Design Patent for a period of 14-years from the issue date. A Design Patent is applied for by filing a
Design Patent Application with the United States Patent and Trademark Office. An ornamental design for an article of
manufacture may also be protected outside of the United States in many countries by
an Industrial Design Registration that is issued by a national or regional
authority. An Industrial Design Registration can be applied for in many ways,
including the filing of a request or an application with a specific national or
regional authority, and/or through the Hague System for the International
Registration of Industrial Designs.
A priority
claim to receive the benefit of an early filed Design Patent Application or an
application for Industrial Design Registration can be made in a later filed
Design Patent Application or an application for Industrial Design Registration.
However, under the Paris Convention, to be entitled to receive the benefit of an
earlier filed Design Patent Application or application for Industrial Design
Registration, the later filing must be filed within 6-months from the earlier
filed Design Patent Application or application for Industrial Design from which
a priority claim is sought.
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