How does rescinding a nonpublication request affect patent application publication?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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).