What are the requirements for filing a nonpublication request?

According to MPEP 1122, the requirements for filing a nonpublication request are:

• The request must be submitted with the application upon filing (this is a statutory requirement and cannot be waived).
• The request must state in a conspicuous manner that the application is not to be published under 35 U.S.C. 122(b).
• The request must contain a certification that the invention has not been and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires eighteen-month publication.
• The request must be signed in compliance with 37 CFR 1.33(b).

It’s important to note that “A nonpublication request is not appropriate if applicants have already filed a counterpart foreign or international application in another country, or under a multilateral international agreement, that requires publication of applications at eighteen months after filing.“

To learn more:

• nonpublication request
• patent application
• USPTO
• requirements
• 37 CFR 1.213