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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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