Nonpublication Request Form PDF Details

In the realm of intellectual property, specifically within the boundaries of patent law, the Nonpublication Request form emerges as a crucial document designed for inventors seeking to navigate the intricacies of the patent application process. Endorsed by the U.S. Patent and Trademark Office (USPTO) and nestled under the broader regulatory framework of Title 35 U.S.C. 122(b)(2)(B)(i), this form carries a significant mandate: it allows inventors to request that their patent application remain unpublished, contingent on the condition that the invention has not been, and will not be, subject to an application in any other country or under any multilateral international agreement which mandates publication eighteen months post-filing. The procedural aspects encapsulated in the form are meticulous, requiring inventors to provide a certification alongside their request, with ramifications for non-compliance ranging from the requirement to notify the USPTO of any subsequent foreign or international application filings to potential abandonment of the patent application for failure to do so within a specified timeframe. Moreover, the form underscores a commitment to confidentiality in alignment with 35 U.S.C. 122, 37 CFR 1.11, and 1.14, ensuring inventors' rights are safeguarded while simultaneously ingrained in a protocol that demands careful adherence to stipulated guidelines and timelines. With the form's approval valid through July 31, 2012, and underpinned by a valid OMB control number as per the Paperwork Reduction Act of 1995, its significance is further amplified by the guidance it provides on rescinding a nonpublication request, thereby framing a critical component of the patent filing experience designed to balance the inventor's desire for confidentiality with the legal and regulatory obligations imposed by the U.S. Department of Commerce and the intricacies of international intellectual property law. This form, reflective of broader procedural and legal considerations, encapsulates the dual objectives of facilitating innovation while adhering to the structured parameters of patent law.

QuestionAnswer
Form NameNonpublication Request Form
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other nameshow to request 35, nonpublication request, form ptosb 35 usc, form pto sb 35 35

Form Preview Example

DOC CODE:

PTO/SB/35 (07-09)

 

Approved for use through 07/31/2012. OMB 0651-0031

U.S. Patent and Trademark Office; U. S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.

NONPUBLICATION REQUEST

First Named Inventor

 

 

 

 

 

UNDER

Title

 

 

 

35 U.S.C. 122(b)(2)(B)(i)

 

 

 

 

Attorney Docket Number

 

 

 

 

 

 

 

 

 

 

 

 

 

I hereby certify that the invention disclosed in the attached application has not and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication at eighteen months after filing.

I hereby request that the attached application not be published under 35 U.S.C. 122(b).

Signature

Date

Typed or printed name

Registration Number, if applicable

 

 

Telephone Number

 

This request must be signed in compliance with 37 CFR 1.33(b) and submitted with the application upon filing.

Applicant may rescind this nonpublication request at any time. If applicant rescinds a request that an application not be published under 35 U.S.C. 122(b), the application will be scheduled for publication at eighteen months from the earliest claimed filing date for which a benefit is claimed.

If applicant subsequently files an application directed to the invention disclosed in the attached application in another country, or under a multilateral international agreement, that requires publication of applications eighteen months after filing, the applicant must notify the United States Patent and Trademark Office of such filing within forty-five (45) days after the date of the filing of such foreign or international application. Failure to do so will result in abandonment of this application (35 U.S.C. 122(b)(2)(B)(iii)).

This collection of information is required by 37 CFR 1.213(a). The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 6 minutes to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

If you need assistance in completing the form, call 1-800-PTO-9199 (1-800-786-9199) and select option 2.

Privacy Act Statement

The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which may result in termination of proceedings or abandonment of the application or expiration of the patent.

The information provided by you in this form will be subject to the following routine uses:

1.The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may be disclosed to the Department of Justice to determine whether disclosure of these records is required by the Freedom of Information Act.

2.A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations.

3.A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a request involving an individual, to whom the record pertains, when the individual has requested assistance from the Member with respect to the subject matter of the record.

4.A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need for the information in order to perform a contract. Recipients of information shall be required to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).

5.A record related to an International Application filed under the Patent Cooperation Treaty in this system of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.

6.A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)).

7.A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency’s responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this purpose, and any other relevant (I.E., GSA or Commerce) directive. Such disclosure shall not be used to make determinations about individuals.

8.A record from this system of records may be disclosed, as a routine use, to the public after either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed in an application which became abandoned or in which the proceedings were terminated and which application is referenced by either a published application, an application open to public inspection or an issued patent.

9.A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.

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