Can an abandoned international design application be converted to a U.S. design application?
An abandoned international design application cannot be directly converted to a U.S. design application without first addressing the abandonment. The MPEP clearly states:
“A petition under this section will not be granted in an abandoned international design application absent a grantable petition under § 1.1051.“
This means that before conversion can be considered, the applicant must:
- File a petition for relief from prescribed time limits under 37 CFR 1.1051
- Successfully have the petition granted to revive the abandoned application
- Then proceed with the conversion petition under 37 CFR 1.1052
Only after the application is no longer considered abandoned can the conversion process be initiated.
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