How does representation work when an international design application becomes a national application?

When an international design application transitions to a national application, the rules for representation change. The MPEP provides clear guidance on this matter:

For purposes of representation before the Office during prosecution of an international design application that became a national application (see 37 CFR 1.9(a)(1)), the regulations governing national applications shall apply. See 37 CFR 1.1061(a).

This means that once an international design application enters the national phase in the United States:

• The representation rules that apply to regular national applications will govern the proceedings.
• Any previous appointments made specifically for the international phase may not automatically carry over.
• Applicants may need to appoint a US registered patent practitioner if they haven’t already done so.

It’s crucial for applicants and their representatives to be aware of this transition and ensure proper representation is in place for the national phase of the application process.

To learn more:

• international design application
• national application
• USPTO
• representation rules