What is a Notification of Refusal in international design applications?

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 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 Agreement, ‘[t]he Office of any designated Contracting Party may, where the conditions for the grant of protection under the law of that Contracting Party are not met in respect of any or all of the industrial designs that are the subject of an international registration, refuse the effects, in part or in whole, of the international registration in the territory of the said Contracting Party.’”