A design patent application may claim priority to a pending utility non-provisional patent application, but not to a provisional patent application under 35 USC § 172. The drawings in the earlier filed non-provisional application must adequately support the drawings to be filed in the design application.

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Vic Lin

Vic Lin

Startup Patent Attorney | IP Chair at Innovation Capital Law Group
We love working with startups and small businesses. I help entrepreneurs protect their intellectual property so they can reach their business goals.