1902.03(a) Petition to Review Refusal to Certify
If an applicant believes that a refusal to certify an international application was erroneous, the applicant may file a TEAS Petition to Director to Review Denial of Certification of International Application form under 37 C.F.R. §2.146(a)(3). The petition should refer to the USPTO control number and include the petition fee required by 37 C.F.R. §2.6.
The petition should be filed immediately. If the international application is not certified within two months of the date of receipt of the application in the USPTO, the date of international registration will be affected. Article 3(4); Regs. Rule 15. See TMEP §1902.04.
If the denial of certification was due to USPTO error, the USPTO will grant the petition and refund the petition fee. In all other cases, whether the petition is granted or denied, the petition fee is not refundable, unless the petition is withdrawn before a decision issues.
See TMEP §1702, §1703, and §1705 regarding petitions to the Director under 37 C.F.R. §2.146(a)(3).