37 CFR § 1.213 — Nonpublication request. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.213 Nonpublication request.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.213, including 78 rules 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.
Summary
The nonpublication request is a critical step in patent application procedures to ensure that an invention has not been and will not be filed in another country.
What this section covers
- Defines the requirement to file a nonpublication request if an invention has not been and will not be filed in another country, as per MPEP 1.213.
- Provides guidance on the proper language for filing a nonpublication request, including adherence to MPEP 1.213.
Key obligations
- File a nonpublication request if the invention has not been and will not be filed in another country, as required by MPEP 1.213.
- Ensure the request includes the proper language as specified in MPEP 1.213, including a statement that the invention has not been and will not be filed in another country.
Practice notes
- Ensure the request includes all necessary information and is filed promptly to comply with MPEP 1.213.
- Avoid the common pitfall of failing to include the required language in the request, as it may lead to non-compliance with MPEP 1.213.
Official MPEP § 1.213 — Nonpublication request.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.213 Nonpublication request.
- (a) If the invention disclosed in an application has
not been and will not be the subject of an application filed in
another country, or under a multilateral international agreement,
that requires publication of applications eighteen months after
filing, the application will not be published under
35 U.S.C.
122(b)
and §
1.211
provided:
- (1) A request (nonpublication request) is submitted with the application upon filing;
- (2) The request states in a conspicuous manner that the application is not to be published under 35 U.S.C. 122(b) ;
- (3) The request contains a certification that the invention disclosed in the application has not been and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication at eighteen months after filing; and
- (4) The request is signed in compliance with § 1.33(b).
- (b) The applicant may rescind a nonpublication request
at any time. A request to rescind a nonpublication request under
paragraph (a) of this section must:
- (1) Identify the application to which it is directed;
- (2) State in a conspicuous manner that the request that the application is not to be published under 35 U.S.C. 122(b) is rescinded; and
- (3) Be signed in compliance with § 1.33(b) .
- (c) If an applicant who has submitted a nonpublication request under paragraph (a) of this section subsequently files an application directed to the invention disclosed in the application in which the nonpublication request was submitted in another country, or under a multilateral international agreement, that requires publication of applications eighteen months after filing, the applicant must notify the Office of such filing within forty-five days after the date of the filing of such foreign or international application. The failure to timely notify the Office of the filing of such foreign or international application shall result in abandonment of the application in which the nonpublication request was submitted ( 35 U.S.C. 122(b)(2)(B)(iii) ).
[Added, 65 FR 57024, Sept. 20, 2000, effective Nov. 29, 2000]
- Abandonment
- Revival
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- Copies And Certificates
- Application Types
- App Types Provisional
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- Correspondence Address
- Director Authority
- Common Petition Types
- Petition Procedures
- Petition Filing
- Examination Procedure
- Examiner Action
- Action Types
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- Patent Term
- Patent Term Adjustment
- Pct
- Pct Amendments Article 19
- Pct Description Claims
- Pct Filing
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- Pct Request
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- Practitioner Conduct
- Signature Requirements
- Signature Practitioner
| MPEP Section | Rules |
|---|---|
| MPEP § 1122 | |
| MPEP § 1123 | |
| MPEP § 1124 | |
| MPEP § 1134.01 | |
| MPEP § 709 |