(a) An international design application designating the United States filed with the Office as an office of indirect filing and meeting the requirements under Sec. 1.53(b) for a filing date for an application for a design patent may, on petition under this section, be converted to an application for a design patent under Sec. 1.53(b) and accorded a filing date as provided therein. A petition under this section must be accompanied by the fee set forth in Sec. 1.17(t) and be filed prior to publication of the international registration under Article 10(3). The conversion of an international design application to an application for a design patent under Sec. 1.53(b) will not entitle applicant to a refund of the transmittal fee or any fee forwarded to the International Bureau, or the application of any such fee toward the filing fee, or any other fee, for the application for a design patent under Sec. 1.53(b). The application for a design patent resulting from conversion of an international design application must also include the basic filing fee (Sec. 1.16(b)), the search fee (Sec. 1.16(l)), the examination fee (Sec. 1.16(p)), the inventor's oath or declaration (Sec. 1.63 or 1.64), and a surcharge if required by Sec. 1.16(f).
(b) An international design application will be converted to an application for a design patent under Sec. 1.53(b) if a decision on petition under this section is granted prior to transmittal of the international design application to the International Bureau pursuant to Sec. 1.1045. Otherwise, a decision granting a petition under this section will be effective to convert the international design application to an application for a design patent under Sec. 1.53(b) only for purposes of the designation of the United States.
(c) A petition under this section will not be granted in an abandoned international design application absent a grantable petition under Sec. 1.1051.
(d) An international design application converted under this section is subject to the regulations applicable to a design application filed under 35 U.S.C. chapter 16.
National Processing of International Design Applications