Copyright Compendium

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Chapter 2100
Chapter 2200
Chapter 2300
Chapter 2400

1312.5 Space 5: Priority Claims

 

1312.5 Space 5: Priority Claims

 

A claimed design that was previously filed in a foreign country within six months of submitting the U.S. application is referred to as a “priority claim.” See Section 1306.2. In such cases, the effective date of registration in the United States will be the same as the date of registration in the foreign country provided that the following conditions are satisfied:

 

• The country where foreign registration was made provides similar protection to U.S. citizens; and

 

• The law of the foreign country where previous registration was made provides protection for vessel designs of U.S. citizens similar to the protection provided in 17

U.S.C. Chapter 13.

 

17 U.S.C. § 1311.

 

If a priority claim exists at the time registration is sought, the applicant must provide information on that claim in space 5, including (I) the country, (ii) date of application, and (iii) a serial number. In addition, applicants must submit the following information:

 

• A certified copy of the foreign application;

 

• If the foreign application is in a language other than English, a translation of the foreign application, along with a signed statement by the translator that the translation is accurate; and

 

• If requested by the U.S. Copyright Office, proof that the foreign country in which the prior application was filed extends similar protection to designs owned by U.S. citizens, or designs for which claims are filed.

 

37 C.F.R. § 212.3 (H).