Benelux - New rules for refusal based on absolute grounds
As from January 1st, 2009 the rules concerning the provisional refusals based on absolute grounds will change, lowering the time delay to answer said refusals.
The applicant has today 6 months to challenge a provisional refusal of protection. As from the beginning of year 2009, an answer will have to be provided within a three-months delay. This delay can however be extended by three additional months upon receipt of an extension request submitted by the applicant or its representative.
This modification is deemed to lower the time period existing between the provisional refusal and the definitive refusal, as the Benelux Office for Intellectual Property (BOIP - www.boip.int) considers that most of the refusals are not answered.
Knowing that before this modification submitting an answer to a provisional refusal of protection has never extended the total time period of 6 months from the refusal, this modification will not modify our practice, i.e. answering provisional refusals as soon as possible in order to obtain a detailed explanation of the grounds for refusal and submitting a second answer, if advisable or useful, to overcome the remaining objections having justified the refusal.



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