MPEP Q & A 96: When a Nonpublication Request is Not Appropriate

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Question:

When is a nonpublication request not appropriate?

Answer:

A nonpublication request is not appropriate if applicants have already filed a counterpart foreign or international application in another country, or under a multilateral international agreement, that requires publication of applications at eighteen months after filing.

Chapter Details:

The answer to this question can be found in chapter 1100 of the MPEP. This chapter covers statutory invention registration (SIR)s and pre-grant publications.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 1122 of the MPEP.  The following is a brief summary of section 1122.

1122    Requests for Nonpublication

This section covers requests for nonpublication including the requirements for filing a nonpublication request. For instance, a nonpublication request must be filed upon the filing of the application. This section also discusses inappropriate nonpublication requests.