MPEP § 1135 — PGPub Forms (Annotated Rules)
§1135 PGPub Forms
This page consolidates and annotates all enforceable requirements under MPEP § 1135, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
PGPub Forms
This section addresses PGPub Forms. Primary authority: 35 U.S.C. 122(b)(2)(B)(i), 35 U.S.C. 122(b)(2)(B)(ii)), and 35 U.S.C. 122(b)(2)(B)(iii)). Contains: 4 permissions and 1 other statement.
Key Rules
Express Abandonment to Avoid Publication
Form PTO/AIA/24A, “Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c),” may be used by applicant in an application filed on or after September 16, 2012 for filing a petition for express abandonment to avoid publication under 37 CFR 1.138(c). Form PTO/SB/24A, “Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c),” may be used by applicant in an application filed before September 16, 2012 for filing a petition for express abandonment to avoid publication under 37 CFR 1.138(c). See MPEP § 1125. Form PTO/SB/35, “Nonpublication Request Under 35 U.S.C. 122(b)(2)(B)(i),” may be used by applicant for filing a request for nonpublication and the certification under 35 U.S.C. 122(b)(2)(B)(i) upon the filing of an application. See MPEP § 1122. 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. The certificate of mailing or transmission only applies when applicant is filing a notice of foreign filing. See MPEP §§ 1123 and 1124. Form PTO/SB/64a, “Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (37 CFR 1.137(f)),” may be used by applicant for filing a petition to revive an application abandoned for failure to notify the Office of a foreign filing. See MPEP § 1124.
Form PTO/AIA/24A, “Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c),” may be used by applicant in an application filed on or after September 16, 2012 for filing a petition for express abandonment to avoid publication under 37 CFR 1.138(c). Form PTO/SB/24A, “Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c),” may be used by applicant in an application filed before September 16, 2012 for filing a petition for express abandonment to avoid publication under 37 CFR 1.138(c). See MPEP § 1125. Form PTO/SB/35, “Nonpublication Request Under 35 U.S.C. 122(b)(2)(B)(i),” may be used by applicant for filing a request for nonpublication and the certification under 35 U.S.C. 122(b)(2)(B)(i) upon the filing of an application. See MPEP § 1122. 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. The certificate of mailing or transmission only applies when applicant is filing a notice of foreign filing. See MPEP §§ 1123 and 1124. Form PTO/SB/64a, “Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (37 CFR 1.137(f)),” may be used by applicant for filing a petition to revive an application abandoned for failure to notify the Office of a foreign filing. See MPEP § 1124.
Priority Document Copies
Form PTO/AIA/24A, “Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c),” may be used by applicant in an application filed on or after September 16, 2012 for filing a petition for express abandonment to avoid publication under 37 CFR 1.138(c). Form PTO/SB/24A, “Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c),” may be used by applicant in an application filed before September 16, 2012 for filing a petition for express abandonment to avoid publication under 37 CFR 1.138(c). See MPEP § 1125. Form PTO/SB/35, “Nonpublication Request Under 35 U.S.C. 122(b)(2)(B)(i),” may be used by applicant for filing a request for nonpublication and the certification under 35 U.S.C. 122(b)(2)(B)(i) upon the filing of an application. See MPEP § 1122. 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. The certificate of mailing or transmission only applies when applicant is filing a notice of foreign filing. See MPEP §§ 1123 and 1124. Form PTO/SB/64a, “Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (37 CFR 1.137(f)),” may be used by applicant for filing a petition to revive an application abandoned for failure to notify the Office of a foreign filing. See MPEP § 1124.
Form PTO/AIA/24A, “Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c),” may be used by applicant in an application filed on or after September 16, 2012 for filing a petition for express abandonment to avoid publication under 37 CFR 1.138(c). Form PTO/SB/24A, “Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c),” may be used by applicant in an application filed before September 16, 2012 for filing a petition for express abandonment to avoid publication under 37 CFR 1.138(c). See MPEP § 1125. Form PTO/SB/35, “Nonpublication Request Under 35 U.S.C. 122(b)(2)(B)(i),” may be used by applicant for filing a request for nonpublication and the certification under 35 U.S.C. 122(b)(2)(B)(i) upon the filing of an application. See MPEP § 1122. 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. The certificate of mailing or transmission only applies when applicant is filing a notice of foreign filing. See MPEP §§ 1123 and 1124. Form PTO/SB/64a, “Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (37 CFR 1.137(f)),” may be used by applicant for filing a petition to revive an application abandoned for failure to notify the Office of a foreign filing. See MPEP § 1124.
Certificate of Mailing
Form PTO/AIA/24A, “Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c),” may be used by applicant in an application filed on or after September 16, 2012 for filing a petition for express abandonment to avoid publication under 37 CFR 1.138(c). Form PTO/SB/24A, “Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c),” may be used by applicant in an application filed before September 16, 2012 for filing a petition for express abandonment to avoid publication under 37 CFR 1.138(c). See MPEP § 1125. Form PTO/SB/35, “Nonpublication Request Under 35 U.S.C. 122(b)(2)(B)(i),” may be used by applicant for filing a request for nonpublication and the certification under 35 U.S.C. 122(b)(2)(B)(i) upon the filing of an application. See MPEP § 1122. 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. The certificate of mailing or transmission only applies when applicant is filing a notice of foreign filing. See MPEP §§ 1123 and 1124. Form PTO/SB/64a, “Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (37 CFR 1.137(f)),” may be used by applicant for filing a petition to revive an application abandoned for failure to notify the Office of a foreign filing. See MPEP § 1124.
Citations
| Primary topic | Citation |
|---|---|
| Certificate of Mailing Express Abandonment to Avoid Publication Priority Document Copies | 35 U.S.C. § 122(b)(2)(B)(i) |
| Certificate of Mailing Express Abandonment to Avoid Publication Priority Document Copies | 35 U.S.C. § 122(b)(2)(B)(ii) |
| Certificate of Mailing Express Abandonment to Avoid Publication Priority Document Copies | 35 U.S.C. § 122(b)(2)(B)(iii) |
| Certificate of Mailing Express Abandonment to Avoid Publication Priority Document Copies | 37 CFR § 1.137(f) |
| Certificate of Mailing Express Abandonment to Avoid Publication Priority Document Copies | 37 CFR § 1.138(c) |
| Certificate of Mailing Express Abandonment to Avoid Publication Priority Document Copies | MPEP § 1122 |
| Certificate of Mailing Express Abandonment to Avoid Publication Priority Document Copies | MPEP § 1123 |
| Certificate of Mailing Express Abandonment to Avoid Publication Priority Document Copies | MPEP § 1124 |
| Certificate of Mailing Express Abandonment to Avoid Publication Priority Document Copies | MPEP § 1125 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1135 — PGPub Forms
Source: USPTO1135 PGPub Forms [R-01.2024]
The following PGPub forms are available on the USPTO website (www.uspto.gov/PatentForms) and are reproduced at the end of this section:
Form PTO/AIA/24A, “Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c),” may be used by applicant in an application filed on or after September 16, 2012 for filing a petition for express abandonment to avoid publication under 37 CFR 1.138(c). Form PTO/SB/24A, “Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c),” may be used by applicant in an application filed before September 16, 2012 for filing a petition for express abandonment to avoid publication under 37 CFR 1.138(c). See MPEP § 1125. Form PTO/SB/35, “Nonpublication Request Under 35 U.S.C. 122(b)(2)(B)(i),” may be used by applicant for filing a request for nonpublication and the certification under 35 U.S.C. 122(b)(2)(B)(i) upon the filing of an application. See MPEP § 1122. 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. The certificate of mailing or transmission only applies when applicant is filing a notice of foreign filing. See MPEP §§ 1123 and 1124. Form PTO/SB/64a, “Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (37 CFR 1.137(f)),” may be used by applicant for filing a petition to revive an application abandoned for failure to notify the Office of a foreign filing. See MPEP § 1124.
