What is the difference between rescinding a nonpublication request and providing notice of foreign filing?
Rescinding a nonpublication request and providing notice of foreign filing are two distinct actions with different purposes and timing requirements. According to MPEP 1123:
1. Rescinding a nonpublication request:
- Can be done at any time
- Allows the application to be published
- Should be done before filing a foreign application if the nonpublication request is in effect
2. Providing notice of foreign filing:
- Must be done within 45 days of filing a foreign or international application
- Required if a nonpublication request was in effect when the foreign application was filed
- Failure to provide this notice can result in abandonment of the U.S. application
The MPEP states: “The mere filing of a request under 37 CFR 1.213(b) to rescind the previously filed nonpublication request does not comply with the notice of foreign filing requirement of 35 U.S.C. 122(b)(2)(B)(iii) and 37 CFR 1.213(c)“
It’s important to understand these differences to properly manage international patent filings and maintain U.S. patent rights.
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