How does rescinding a nonpublication request affect patent application publication?
Rescinding a nonpublication request will result in the publication of the patent application. The MPEP 1123 states:
“After either a rescission of a nonpublication request or a notice of foreign filing is received by the Office, the Office will enter the rescission or notice of foreign filing into the Office Pre-Examination System to schedule the application for publication. A notice (e.g., a “Notice Regarding Rescission Of Nonpublication Request and Notice of Foreign Filing”) should be sent to inform the applicant of the projected publication date.“
The application will be published:
- After 18 months from the earliest filing date for which a benefit is sought, or
- As soon as practicable after the notice is mailed
This is in accordance with 35 U.S.C. 122(b)(2)(B)(iv).
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