What is Form PTO/SB/36 and how is it used in rescinding a nonpublication request?
Form PTO/SB/36 is a USPTO form that can be used to rescind a nonpublication request and provide notice of foreign filing. The MPEP 1123 states:
“Form PTO/SB/36 (revision April 2001 or later) may be used to both rescind a nonpublication request and provide notice of foreign filing. The form is reproduced in MPEP § 1135.“
This form is particularly useful because:
- It combines the rescission of the nonpublication request and the notice of foreign filing in one document
- It ensures that all required information is provided to the USPTO
- It helps applicants comply with the 45-day deadline for providing notice of foreign filing
Applicants are encouraged to use this form when rescinding a nonpublication request, especially if they anticipate filing a counterpart application in a country that requires 18-month publication.
To learn more: