How are publication and issue fees handled for international design applications entering U.S. national processing?
For international design applications entering U.S. national processing, the handling of publication and issue fees differs from standard U.S. design applications. The MPEP 2920 provides important information:
“The publication fee set forth in 37 CFR 1.18(b)(1) is not required for an international design application designating the United States that was published by the International Bureau.”
This means that if the International Bureau has already published the international design application, you won’t need to pay an additional publication fee when it enters U.S. national processing.
However, the issue fee is still required. The MPEP further states:
“The issue fee set forth in 37 CFR 1.18(b)(2) is required for each allowed international design application designating the United States that has entered the national stage.”
Therefore, once the application is allowed, you will need to pay the issue fee as specified in 37 CFR 1.18(b)(2) to proceed with the grant of the U.S. design patent.
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