How does an international design application become a U.S. patent?

An international design application becomes a U.S. patent through a specific process outlined in MPEP 2950. The key points are:

• The Director of the USPTO must cause an examination of the international design application designating the United States.
• The application is examined under the provisions of Chapter 16 of Title 35 U.S.C., similar to regular U.S. design patent applications.
• Protection is only granted upon the issuance of a patent.

This is supported by 35 U.S.C. 389(d), which states:

“The Director may issue a patent based on an international design application designating the United States, in accordance with the provisions of this title. Such patent shall have the force and effect of a patent issued on an application filed under chapter 16.”

It’s important to note that the Hague Agreement is not self-executing, and patent rights are only conferred upon the actual issuance of a patent by the USPTO.

To learn more:

• international design application
• patent issuance
• Hague Agreement