What information must be included in a Notification of Refusal?

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.

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 with an industrial design that is the subject of an earlier application or registration
• 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
• A time period for reply under 37 CFR 1.134 and 1.136, where a reply to the notification of refusal is required

The MPEP also states that “copies of references cited by the examiner should be included with the notification of refusal” and that the examiner should “include any U.S. patent or U.S. patent application publication used in a grounds of refusal (e.g., a rejection under 35 U.S.C. 102 or 103).”