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 must include the USPTO reference number, an explanation as to why the international application should be certified, any necessary corrective amendments or documents, and 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 is due to an error in the international application that must be corrected, the petition must include a substitute paper international application (MM2). The MM2 form can be accessed on the WIPO website. If the denial was due to an error in the basic application or basic registration that requires correction, the applicant should immediately file the amendment in the basic application, or a Section 7 amendment in the registration, as well as filing the petition. As noted above, the USPTO must certify the international application within two months of the date of receipt of the international application in the USPTO or 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all other cases, whether the petition is granted or denied, the petition fee is not refundable, unless the petition is withdrawn before a decision issues.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).