What is Form PTO/SB/36 and how is it used in rescinding 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.
Form PTO/SB/36 is a USPTO form that can be used to rescind a nonpublication request and provide notice of foreign filing. The MPEP 1123 states:
“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.“
This form is particularly useful because:
- It combines the rescission of the nonpublication request and the notice of foreign filing in one document
- It ensures that all required information is provided to the USPTO
- It helps applicants comply with the 45-day deadline for providing notice of foreign filing
Applicants are encouraged to use this form when rescinding a nonpublication request, especially if they anticipate filing a counterpart application in a country that requires 18-month publication.