How to Claim Priority for a Community Design Application
Priority
A Community design application can claim priority based on one or more prior applications for the same design filed in any contracting state of the Paris Convention, any member of the WTO Agreement, or in another country with which there is a reciprocal agreement.
Convention Priority
- Due date:
- within 6 months from the first filing date.
- Priority Claim:
- A priority claim can be made either at the time of submitting the Community design application or within 1 month after the filing date. It must specify the priority date, priority number, and country of priority.
- Priority Documents:
- A DAS code can be provided, and if there is no DAS code, a copy of the priority document must be submitted, with a translation, within no more than 3 months from the filing date. If claiming a Community design as priority, only the priority information needs to be provided without a copy of the priority document.
Exhibition Priority
- Due date:
- An applicant may claim exhibition priority within 6 months after the first display; this deadline cannot be extended.
- Priority Claim:
- An applicant must claim priority within 1 month from the filing date, specifying the name of the exhibition and the date of the first product display.
- Priority Documents:
- The applicant must provide a certificate from the responsible authority at the exhibition to the EUIPO within 3 months from the filing date. The certificate must state that the design was disclosed at the exhibition and specify the opening date. If the date of first public use differs from the opening date, the first public use date should also be mentioned. The certificate must include identification of the design product as it was indeed publicly displayed, formally certified by the competent authority. Priority can only be granted if the Community design application is filed within 6 months after the design is first exhibited at a recognized exhibition for this purpose, as defined by the International Exhibitions Convention signed in Paris on November 22, 1928.
- The applicant must provide a certificate from the responsible authority at the exhibition to the EUIPO within 3 months from the filing date. The certificate must state that the design was disclosed at the exhibition and specify the opening date. If the date of first public use differs from the opening date, the first public use date should also be mentioned. The certificate must include identification of the design product as it was indeed publicly displayed, formally certified by the competent authority. Priority can only be granted if the Community design application is filed within 6 months after the design is first exhibited at a recognized exhibition for this purpose, as defined by the International Exhibitions Convention signed in Paris on November 22, 1928.