What is the effect of a petition to convert an international design application to a design application under 35 U.S.C. chapter 16?
What is the effect of a petition to convert an international design application to a design application under 35 U.S.C. chapter 16?
A petition to convert an international design application to a design application under 35 U.S.C. chapter 16 has specific effects on the application’s status and processing. According to MPEP 2920:
“The grant of a petition to convert an international design application to a design application under 35 U.S.C. chapter 16 will not entitle the applicant to a refund of the transmittal fee or any fee forwarded to the International Bureau, or the application of any such fee to the filing fee, or any other fee, for the resulting national application.”
Key points to understand about the conversion process:
- The conversion does not result in any refund of fees already paid.
- Fees paid for the international application cannot be applied to the new national application.
- The converted application will be treated as a new national application under 35 U.S.C. chapter 16.
- New filing fees and any other applicable fees for the national application will be required.
Applicants considering conversion should carefully weigh the costs and benefits before proceeding with a petition to convert.
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2920 - National Processing Of International Design Applications Designating The United States,
Patent Law,
Patent Procedure