How can an applicant request an extension of time to respond to a notification of refusal?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance 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.

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 extension, applicants should follow these steps:

  • Submit a petition for an extension of time
  • Pay the required fee
  • Provide a sufficient showing of good cause for the extension

It’s important to note that the extension request should be filed before the original three-month response period expires. The USPTO will consider the petition and may grant additional time if the showing of good cause is deemed sufficient.

Topics: MPEP 2900 - International Design Applications MPEP 2920.05(A) - Notification Of Refusal Patent Law Patent Procedure
Tags: Contested Case Settlement, Examination Authority, Hague Overview, Ida Refusal, Pct Receiving Office