What is the time limit for the USPTO to issue a Notification of Refusal?
According to MPEP 2920.05(a), the USPTO has 12 months from the publication of the international registration to issue a Notification of Refusal. Specifically, the MPEP states: “In accordance with 37 CFR 1.1062(b), a notification of refusal is to be sent to the International Bureau within 12 months from the publication of the international registration where…
Read MoreWhat information must be included in a Notification of Refusal?
According to MPEP 2920.05(a) and 37 CFR 1.1063(a), a Notification of Refusal must contain or indicate: The number of the international registration The grounds on which the refusal is based 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…
Read MoreWhat is the time limit for responding to a notification of refusal in an international design application?
The time limit for responding to a notification of refusal in an international design application is typically three months from the date of receipt of the notification by the International Bureau. This is stated in MPEP 2920.05(a): “The prescribed time limit for responding to a notification of refusal is set forth in Hague Rule 18(1)(c).…
Read MoreHow can an applicant request an extension of time to respond to a notification of refusal?
An applicant can request an extension of time to respond to a notification of refusal in an international design application according to MPEP 2920.05(a). The process is governed by 37 CFR 1.1062(d), which states: “Extensions of time to respond to a notification of refusal are available pursuant to 37 CFR 1.1062 (d).” To request an…
Read MoreWhat is a Notification of Refusal in international design applications?
A Notification of Refusal is a communication from the USPTO to the International Bureau regarding an international design application. It indicates that the conditions for granting protection under U.S. law are not met for some or all of the industrial designs in the application. As stated in the MPEP, “Under Article 12 of the Hague…
Read MoreWhat is the examination process for international design applications designating the United States?
International design applications designating the United States are examined pursuant to title 35, United States Code. The examination process is generally similar to that of design applications filed under 35 U.S.C. chapter 16, with a few key differences: The Office sends a Notification of Refusal to the International Bureau for forwarding to the holder of…
Read MoreHow should an applicant reply to a Notification of Refusal?
When replying to a Notification of Refusal for an international design application, applicants should keep the following points in mind: The reply must be filed directly with the USPTO, not through the International Bureau. As stated in 37 CFR 1.1063(b), “Any reply to the notification of refusal must be filed directly with the Office and…
Read MoreWhat are the grounds for refusal in a Notification of Refusal?
According to MPEP 2920.05(a), the grounds for refusal in a Notification of Refusal may include: Rejections based on conditions for patentability under title 35, United States Code, such as: 35 U.S.C. 171 (design patent) 35 U.S.C. 102 (novelty) 35 U.S.C. 103 (non-obviousness) 35 U.S.C. 112 (written description, enablement, definiteness) Requirements for restriction (where more than…
Read MoreWhat is the effect of not sending a notification of refusal within the prescribed period?
According to MPEP 2950, the failure to send a notification of refusal within the period referenced in 37 CFR 1.1062(b) does not automatically confer patent rights or have any other effect under Article 14(2) of the Hague Agreement. The MPEP states: “The Office does not regard the failure to send a notification of refusal within…
Read MoreWhat 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…
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