How does rescinding a nonpublication request affect patent application publication?

Rescinding a nonpublication request will result in the publication of the patent application. The MPEP 1123 states:

After either a rescission of a nonpublication request or a notice of foreign filing is received by the Office, the Office will enter the rescission or notice of foreign filing into the Office Pre-Examination System to schedule the application for publication. A notice (e.g., a “Notice Regarding Rescission Of Nonpublication Request and Notice of Foreign Filing”) should be sent to inform the applicant of the projected publication date.

The application will be published:

  • After 18 months from the earliest filing date for which a benefit is sought, or
  • As soon as practicable after the notice is mailed

This is in accordance with 35 U.S.C. 122(b)(2)(B)(iv).

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Tags: application processing, nonpublication request, Patent Publication, rescission