What are the requirements for filing a nonpublication request?

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.

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• The request must state in a conspicuous manner that the application is not to be published under 35 U.S.C. 122(b).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.“