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