What is the time limit for the USPTO to issue a Notification of Refusal?
According to MPEP 2920.05(a), the USPTO has 12 months from the publication of the international registration to issue a Notification of Refusal. Specifically, the MPEP states:
“In accordance with 37 CFR 1.1062(b), a notification of refusal is to be sent to the International Bureau within 12 months from the publication of the international registration where it appears that the applicant is not entitled to a patent under the law of the United States with respect to any industrial design that is the subject of the international registration.”
However, the MPEP also notes that “The notification of refusal may be sent after this 12-month period where the failure to send the notification within the 12-month period was unintentional.”
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