What are the consequences of not providing timely notice of foreign filing after making a nonpublication request?

Failing to provide timely notice of foreign filing after making a nonpublication request can have serious consequences. According to 35 U.S.C. 122(b)(2)(B)(iii) and MPEP 1123:

A failure of the applicant to provide such notice within the prescribed period shall result in the application being regarded as abandoned.

To avoid abandonment, an applicant who has filed a nonpublication request must:

  • File a notice of foreign filing within 45 days of filing a counterpart application in a foreign country or under a multilateral international agreement
  • Or, rescind the nonpublication request before filing the foreign application

It’s crucial for applicants to be aware of these requirements and act promptly to maintain their patent rights.

To learn more:

Tags: application processing, foreign filing notice, nonpublication request, patent abandonment