What is a nonpublication request for a patent application?
A nonpublication request is a formal request made by an applicant to prevent the U.S. Patent and Trademark Office (USPTO) from publishing their patent application. This request is based on 35 U.S.C. 122(b)(2)(B)(i), which states:
“If an applicant makes a request upon filing, certifying that the invention disclosed in the application has not and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications 18 months after filing, the application shall not be published as provided in paragraph (1).”
This request must be made at the time of filing the application and meet specific requirements outlined in 37 CFR 1.213.
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