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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Rights Only Upon Issuance of Patent MPEP 2950 Examination of International Design Application for U.S. MPEP 2950 Required Industrial Design Protection Only Upon Patent Issuance MPEP 2950 Required Procedures for International Design Applications Determined by Chapter 16 MPEP 2950 Required Fees for International Design Application Processing MPEP 2950 Permitted Patent Can Be Issued for International Design Application MPEP 2950 Required Industrial Design Protection Only Through Patent Issuance MPEP 2950 Required No Renewal Fees for U.S. Design Patents MPEP 2950 Required No Renewal Fees for U.S. Design Patents MPEP 2950 Required Transmittal Fee for International Design Applications MPEP 2905.01 Required Oth...