What are the consequences of not providing timely notice of foreign filing after making a nonpublication request?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Rescinding a Nonpublication Request Before Foreign Filing MPEP 1123 Notice of Foreign Filing Required When Rescinding Nonpublication Request MPEP 1123 Notice of Foreign Filing Required When Rescinding Nonpublication Request MPEP 1123 Notice of Foreign Filing Required When Rescinding Nonpublication Request MPEP 1123 Notice Required for Foreign Filing After Nonpublication MPEP 1123 Applicant May Rescind Nonpublication Request Anytime MPEP 1123 Permitted Notice of Foreign Filing Required Within 45 Days MPEP 1124 Required Requirement for Timely Notice of Foreign Filing MPEP 1124 Required Notice of Foreign Filing Required After Nonpublication Request MPEP 1124 Required Rescinding Nonpublication Before Foreign Filing MPEP 1123 Required Other Related FAQs 5 FAQs Collapse What is the significance of the actual date of receipt for rescinding a nonpublication request? What is the difference betwee...