What is the significance of the actual date of receipt for rescinding a nonpublication request?
The actual date of receipt of a request to rescind a nonpublication request is crucial, especially when it relates to foreign filing. According to MPEP 1123:
“No benefit can be given to a certificate of mailing or transmission under 37 CFR 1.8 on a request to rescind a nonpublication request in determining whether there has been a rescission of a nonpublication request before or on the date a counterpart application is filed in an eighteen-month publication country.“
The USPTO uses the actual date of receipt as defined in 37 CFR 1.6 to determine if the nonpublication request was rescinded before or on the date of filing a counterpart application. This is important because:
- It affects whether the application is considered one in which no nonpublication request was made
- It impacts the timing and requirements for foreign filing notices
Applicants should be aware of this when timing their rescission requests and foreign filings.
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