What form should I use to rescind a nonpublication request or notify the USPTO of foreign filing?

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.

The USPTO provides Form PTO/SB/36 for rescinding a nonpublication request and/or notifying the office of foreign filing. Specifically, the form is titled “Rescission of Previous Nonpublication Request (35 U.S.C. 122(b)(2)(B)(ii)) and, if Applicable, Notice of Foreign Filing (35 U.S.C. 122(b)(2)(B)(iii)).”

According to the MPEP: “Form PTO/SB/36 (revision April 2001 or later), “Rescission of Previous Nonpublication Request (35 U.S.C. 122(b)(2)(B)(ii))) and, if Applicable, Notice of Foreign Filing (35 U.S.C. 122(b)(2)(B)(iii)),” may be used by applicant for filing a request for rescinding a previously filed nonpublication request and/or for filing a notice of foreign filing.“

It’s important to note that the certificate of mailing or transmission on this form only applies when filing a notice of foreign filing. For more information on rescinding nonpublication requests and notifying the USPTO of foreign filings, refer to MPEP § 1123 and MPEP § 1124.