What is the time limit for responding to a notification of refusal in an international design 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.

The time limit for responding to a notification of refusal in an international design application is typically three months from the date of receipt of the notification by the International Bureau. This is stated in MPEP 2920.05(a):

“The prescribed time limit for responding to a notification of refusal is set forth in Hague Rule 18(1)(c). The time limit is three months from the date of receipt of the notification of refusal by the International Bureau.”

However, it’s important to note that this time limit may be extended in certain circumstances, as mentioned in the same section:

“Extensions of time to respond to a notification of refusal are available pursuant to 37 CFR 1.1062 (d).”

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