Is it possible to convert a utility patent to a design patent through reissue?
No, a utility patent cannot be converted to a design patent through the reissue process. The reasons for this include:
- The utility patent is not considered inoperative or invalid, which is a requirement for reissue under 35 U.S.C. 251.
- Converting to a design patent would exempt the existing utility patent from maintenance fees, which has no statutory basis.
- The patent term would be affected, which is not permitted in reissue.
The MPEP clearly states: “A utility patent cannot be converted to a design patent via reissue.” It further explains that “conversion to a design patent would exempt the existing utility patent from maintenance fees, and there is no statutory basis for exempting an existing patent from maintenance fees.”
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