What is the effect of conversion on the international design application?

The effect of conversion on an international design application depends on the timing of the conversion decision:

  1. If the conversion is granted before transmittal to the International Bureau:
    • The application is fully converted to a U.S. design application
    • It will not be processed as an international application
  2. If the conversion is granted after transmittal to the International Bureau:
    • The conversion is only effective for the U.S. designation
    • The international application continues to be processed by the International Bureau

The MPEP states: “If, however, a decision granting a petition to convert under 37 CFR 1.1052(a) is issued after the application materials have been communicated to the International Bureau under 37 CFR 1.1045, then the decision will only be effective as to the United States, and the International Bureau will continue to process the international design application under the provisions of the Hague Agreement.

To learn more:

Topics: MPEP 2900 - International Design Applications, MPEP 2914 - Conversion Of An International Design Application To A Design Application Under 35 U.S.C. Chapter 16, Patent Law, Patent Procedure
Tags: Conversion Effect, Hague Agreement, International Design Application, USPTO