What is the process for converting an international design application to a U.S. design application?
The process for converting an international design application to a U.S. design application under 35 U.S.C. Chapter 16 is outlined in 37 CFR 1.1052. The key steps are:
- File a petition for conversion with the USPTO
- Pay the fee set forth in 37 CFR 1.17(t)
- File the petition before the international registration is published
- Ensure the application meets the requirements of 37 CFR 1.53(b) for a design patent filing date
- Include the basic filing fee, search fee, examination fee, and inventor’s oath or declaration
The MPEP states: “A grantable petition to convert under 37 CFR 1.1052(a) must be accompanied by the fee set forth in 37 CFR 1.17(t) and be filed prior to publication of the international registration under Article 10(3) 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