What form can I use to file a Notice of Foreign Filing?
The USPTO provides a specific form that can be used to file a Notice of Foreign Filing and/or rescind a nonpublication request. This form is Form PTO/SB/36, as mentioned in MPEP 1124.
According to MPEP 1124:
“Form PTO/SB/36 (revision April 2001 or later) may be used to both rescind a nonpublication request and provide notice of foreign filing. The form is reproduced in MPEP § 1135.”
Using this form has several advantages:
- It ensures that you provide all necessary information
- It includes a certificate of mailing, which can be beneficial for meeting deadlines
- It allows you to simultaneously rescind a nonpublication request if needed
While use of this form is not mandatory, it is recommended as it simplifies the process and helps ensure compliance with USPTO requirements. You can find the latest version of Form PTO/SB/36 on the USPTO’s forms page.
To learn more: