Is it possible to convert a utility patent to a design 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 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.”