How does a renunciation of an international registration affect a pending U.S. application?
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.
A renunciation of an international registration with respect to the United States has significant consequences for a pending nonprovisional international design application. According to MPEP 2930:
“A renunciation of the international registration with respect to the designation of the United States pursuant to Article 16(1)(iv) will result in termination of a pending nonprovisional international design application.”
When this occurs, the USPTO will take one of the following actions:
- Send a notification of abandonment to the applicant
- Send a notification of refusal to the International Bureau, if a refusal has not been previously communicated
For more details on this process, refer to MPEP § 2920.05(a).
Topics:
MPEP 2900 - International Design Applications
MPEP 2930 - Corrections And Other Changes In The International Register
Patent Law
Patent Procedure