What regulations apply to a converted international design application?

Once an international design application is converted to a U.S. design application under 35 U.S.C. Chapter 16, it becomes subject to the regulations that govern standard U.S. design patent applications. The MPEP explicitly states:

“An international design application converted under 37 CFR 1.1052 is subject to the regulations applicable to a design application filed under 35 U.S.C. chapter 16.“

This means that after conversion:

• The application will be examined according to U.S. design patent examination procedures
• All subsequent filings and prosecutions will follow U.S. design patent rules
• The application will be subject to the same requirements as any other U.S. design patent application filed under 35 U.S.C. chapter 16

Applicants should be prepared to comply with all applicable U.S. design patent regulations once the conversion is granted.

To learn more:

• international design application
• conversion
• U.S. design patent regulations
• USPTO procedures