What is the deadline for filing a Notice of Foreign Filing?
The deadline for filing a Notice of Foreign Filing is 45 days after the filing date of the counterpart application in a foreign country or under a multilateral international agreement. This requirement is specified in 35 U.S.C. 122(b)(2)(B)(iii) and MPEP 1124.
As stated in MPEP 1124:
“The notice of foreign filing must be filed not later than 45 days after the filing date of the counterpart application. The requirement for notice of foreign filing is set forth in 35 U.S.C. 122(b)(2)(B)(iii) which provides that an applicant who has made a nonpublication request under 35 U.S.C. 122(b)(2)(B)(i) in a U.S. application filed under 35 U.S.C. 111(a), but who subsequently files an application in a foreign country or under a multilateral international agreement that requires eighteen-month publication, must notify the USPTO of the foreign filing not later than forty-five days after the date of such foreign filing.”
It’s important to note that failure to provide this notice within the 45-day period will result in abandonment of the U.S. application.
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