MPEP Q & A 206: Requirements for an Applicant to Rescind Nonpublication Requests

mpep-podcast-800

Question:

What are the requirements for an applicant to rescind a nonpublication request?

Answer:

The applicant may rescind a nonpublication request at any time. A request to rescind a nonpublication request must:

  1. Identify the application to which it is directed;
  2. State in a conspicuous manner that the request that the application is not to be published under 35 U.S.C. 122(b) is rescinded; and
  3. Be signed in compliance with § 1.33(b).

Chapter Details:

The answer to this question can be found in chapter 1100 of the MPEP. This chapter covers Statutory Invention Registration (SIR); Pre-Grant Publication (PGPub) and Preissuance Submissions.

The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 1123 of the MPEP.  The following is a brief summary of section 1123.

1123 Rescission of a Nonpublication Request

An applicant may rescind a previously-filed nonpublication request at any time. This section outlines how an applicant may rescind nonpublication requests. For instance, applicants are strongly encouraged to provide a notice of foreign filing whenever rescinding a nonpublication request in anticipation of filing a counterpart application in an eighteen-month publication country.