Can a design patent be converted to a utility patent through reissue?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, a design patent cannot be converted to a utility patent through the reissue process. There are several reasons for this:

• The design patent is not considered inoperative or invalid, which is a requirement for reissue under 35 U.S.C. 251.
• Converting a design patent to a utility patent would likely involve introducing new matter, which is not allowed in reissue applications.
• The term of a design patent cannot be extended through reissue.

The MPEP clearly states: “A design patent cannot be converted to a utility patent via reissue.” It further explains that “converting a design patent to a utility patent will, in most instances, involve the introduction of new matter into the patent.”