37 CFR § 1.1063 — Notification of Refusal. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.1063 Notification of Refusal.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.1063, including 39 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
The Notification of Refusal under MPEP 3737 CFR 1.1063 requires a formal communication indicating the number of the international registration, grounds for refusal, and a copy of an earlier international registration.
What this section covers
- This section covers the requirements for a notification of refusal in international design applications, including specific elements that must be included.
- The core topic is the notification of refusal, which must include details such as the international registration number and grounds for refusal.
Key obligations
- The primary requirement is to include the number of the international registration, grounds for refusal, and a copy of an earlier international registration in the notification.
- The notification must comply with MPEP 3737 CFR 1.1063, ensuring all grounds of refusal are clearly stated.
Practice notes
- Practitioners should ensure all grounds of refusal are clearly stated to avoid ambiguity and provide a copy of the earlier international registration.
- Avoiding ambiguity in the grounds of refusal is crucial to ensure compliance with MPEP 3737 CFR 1.1063.
Official MPEP § 1.1063 — Notification of Refusal.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.1063 Notification of Refusal.
- (a) A notification of refusal shall contain
or indicate:
- (1) The number of the international registration;
- (2) The grounds on which the refusal is based;
- (3) A copy of a reproduction of the earlier industrial design and information concerning the earlier industrial design, where the grounds of refusal refer to similarity with an industrial design that is the subject of an earlier application or registration;
- (4) Where the refusal does not relate to all the industrial designs that are the subject of the international registration, those to which it relates or does not relate; and
- (5) A time period for reply under §§ 1.134 and 1.136 , where a reply to the notification of refusal is required.
- (b) Any reply to the notification of refusal must be filed directly with the Office and not through the International Bureau. The requirements of § 1.111 shall apply to a reply to a notification of refusal.
[Added, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015]
- Design Patents
- Design Double Patenting
- Examination Procedure
- Amendments Practice
- Preliminary Amendment
- International Design
- Hague Principles
- Ida Examination
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- Ida Filing
- Ida Requirements
- Ida Contents
- Ida Title Description
- International Bureau
| MPEP Section | Rules |
|---|---|
| MPEP § 2920.05 | |
| MPEP § 2920.05(a) |