Can an abandoned international design application be converted to a U.S. design application?

An abandoned international design application cannot be directly converted to a U.S. design application without first addressing the abandonment. The MPEP clearly states:

A petition under this section will not be granted in an abandoned international design application absent a grantable petition under § 1.1051.

This means that before conversion can be considered, the applicant must:

  • File a petition for relief from prescribed time limits under 37 CFR 1.1051
  • Successfully have the petition granted to revive the abandoned application
  • Then proceed with the conversion petition under 37 CFR 1.1052

Only after the application is no longer considered abandoned can the conversion process be initiated.

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: abandoned application, conversion, International Design Application, revival