What are the fee implications when converting an international design application?

When converting an international design application to a U.S. design application, applicants should be aware of the following fee implications:

• A conversion fee as set forth in 37 CFR 1.17(t) must be paid
• The transmittal fee and any fees forwarded to the International Bureau are not refundable
• Previously paid fees cannot be applied to the new U.S. design application
• New fees for the U.S. design application must be paid, including the basic filing fee, search fee, and examination fee

The MPEP explicitly states: “The conversion of an international design application to an application for a design patent under 37 CFR 1.53(b) will not entitle applicant to a refund of the transmittal fee or any fee forwarded to the International Bureau, and such fees will not be applied toward the filing fee, or any other fee, required for the application for a design patent under 37 CFR 1.53(b).“

To learn more:

• patent fees
• international design application
• conversion fees
• USPTO fees