What 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 the period referenced in 37 CFR 1.1062(b) to confer patent rights or other effect under Article 14(2).”
This is because the Hague Agreement is not self-executing in the United States. Patent rights are only granted upon the actual issuance of a patent, as provided for in the Patent Law Treaties Implementation Act of 2012 (PLTIA) and 35 U.S.C. 389(d). Therefore, the absence of a refusal notification does not automatically result in patent protection.
To learn more: