What happens if an applicant fails to respond to a notification of refusal within the time limit?

If an applicant fails to respond to a notification of refusal within the prescribed time limit, the international design application will be considered abandoned with respect to the United States. This is outlined in MPEP 2920.05(a):

“Failure to timely respond to a notification of refusal will result in abandonment of the application as to the United States.”

It’s crucial for applicants to understand the consequences of not responding within the given timeframe. Once an application is considered abandoned, the applicant loses the right to pursue protection for their design in the United States through that particular international design application. To avoid this outcome, applicants should either:

  • Respond to the notification of refusal within the three-month time limit
  • Request an extension of time before the original deadline if more time is needed

If abandonment occurs, the applicant may need to file a new application or explore other options for reviving the abandoned application, which can be complex and costly.

To learn more:

Topics: MPEP 2900 - International Design Applications, MPEP 2920.05(A) - Notification Of Refusal, Patent Law, Patent Procedure
Tags: application abandonment, Failure To Respond, International Design Application, Notification Of Refusal