What happens if I file a nonpublication request and later decide to file a foreign application?

If you file a nonpublication request and later decide to file a counterpart foreign or international application, you must take one of the following actions:

1. Rescind the nonpublication request before filing the foreign or international application, or
2. Notify the USPTO of the foreign filing no later than 45 days after the filing date of the counterpart foreign or international application.

According to MPEP 1122:

“If applicant filed a nonpublication request and later decides to file a counterpart foreign or international application in another country, or under a multilateral agreement, that requires eighteen-month publication, applicant must either: (1) rescind the nonpublication request before filing such foreign or international application; or (2) notify the Office of such filing no later than 45 days after the filing date of the counterpart foreign or international application.“

Failure to take one of these actions can result in the abandonment of your U.S. application. For more details on the consequences and procedures, refer to MPEP 1123 and MPEP 1124.

To learn more:

• nonpublication request
• foreign application
• USPTO
• rescission
• notification