What is a nonpublication request and how can it be rescinded?
A nonpublication request is a request made by an applicant upon filing a patent application, certifying that the invention will not be the subject of an application filed in another country that requires publication after 18 months. This request can be rescinded at any time.
According to MPEP 1123, “An applicant may rescind a previously-filed nonpublication request at any time. See 35 U.S.C. 122(b)(2)(B)(ii).” To rescind, the applicant must:
- Identify the application
- State clearly that the nonpublication request is being rescinded
- Sign the request in compliance with 37 CFR 1.33(b)
Form PTO/SB/36 can be used for this purpose.
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