What is a redacted publication request for patent applications?

A redacted publication request allows applicants who have filed applications in foreign countries to submit a redacted copy of their U.S. patent application for publication. This redacted copy eliminates any part or description of the invention that is not contained in the corresponding foreign applications. According to MPEP 1132, “If an applicant has filed applications…

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What types of petitions can the Director of the Technology Center who Oversees Licensing and Review decide?

The Director of the Technology Center who Oversees Licensing and Review has the authority to decide several types of petitions, including: Petitions to extend time for taking action in U.S.-owned applications important to national defense Petitions to suspend action in U.S.-owned applications where publication might be detrimental to public safety or defense Petitions for foreign…

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What form is used for reviving an application abandoned due to failure to notify the USPTO of foreign filing?

For reviving a patent application that was abandoned due to failure to notify the USPTO of foreign or international filing, you should use Form PTO/SB/64a. The full title of this form is “Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (37 CFR…

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

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…

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What is a Notice of Foreign Filing in patent law?

A Notice of Foreign Filing is a requirement for patent applicants who have filed a nonpublication request for their U.S. patent application and subsequently file a counterpart application in a foreign country or under a multilateral international agreement. According to MPEP 1124, applicants must notify the USPTO of this foreign filing within 45 days to…

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What are the consequences of filing a foreign application after making a nonpublication request?

If an applicant files a foreign application after making a nonpublication request in the US, they must take specific actions to avoid abandonment of their US application. According to MPEP 1123: “If applicant makes a nonpublication request under 35 U.S.C. 122(b)(2)(B)(i) and then rescinds the nonpublication request before or on the date a foreign or…

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