How can I request nonpublication of my patent application?

To request nonpublication of your patent application, you can use Form PTO/SB/35, “Nonpublication Request Under 35 U.S.C. 122(b)(2)(B)(i). This form should be submitted when filing your application.

The MPEP states: “Form PTO/SB/35, “Nonpublication Request Under 35 U.S.C. 122(b)(2)(B)(i),” may be used by applicant for filing a request for nonpublication and the certification under 35 U.S.C. 122(b)(2)(B)(i) upon the filing of an application.

This form allows you to certify that you do not intend to file the application in another country that requires publication 18 months after filing. For more detailed information on nonpublication requests, refer to MPEP § 1122.

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Tags: 35 U.S.C. 122, nonpublication request, patent applications, pto forms