Can an abandoned international design application be converted to a U.S. design application?

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.

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.