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.“…
Read MoreWhat is the difference between rescinding a nonpublication request and providing notice of foreign filing?
Rescinding a nonpublication request and providing notice of foreign filing are two distinct actions with different purposes and timing requirements. According to MPEP 1123: 1. Rescinding a nonpublication request: Can be done at any time Allows the application to be published Should be done before filing a foreign application if the nonpublication request is in…
Read MoreWhat are the consequences of not providing timely notice of foreign filing after making a nonpublication request?
Failing to provide timely notice of foreign filing after making a nonpublication request can have serious consequences. According to 35 U.S.C. 122(b)(2)(B)(iii) and MPEP 1123: “A failure of the applicant to provide such notice within the prescribed period shall result in the application being regarded as abandoned.“ To avoid abandonment, an applicant who has filed…
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