What 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 a nonpublication request must:
- File a notice of foreign filing within 45 days of filing a counterpart application in a foreign country or under a multilateral international agreement
- Or, rescind the nonpublication request before filing the foreign application
It’s crucial for applicants to be aware of these requirements and act promptly to maintain their patent rights.
To learn more: