Form PTO/SB/35 Non-Publication Request

PTO/SB/35 (07-09)
Approved for use through XX/XX/XXXX. OMB 0651-0031

Doc Code:

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

First Named Inventor

Title

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I hereby request that the attached application not be published under 35 U.S.C. 122(b).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that an application not be published under 35 U.S.C. 122(b), the application will be scheduled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 15 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 Administrative
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. The United States
Patent and Trademark Office (USPTO) collects this information under authority of 5 CFR 339.205.
The information in this system of records is used to manage all records of applicant including name,
citizenship, residence, post office address and other information pertaining to the applicant's activities
in connection with the invention for which a patent is sought. Statements containing various kinds of
information with respect to inventors who are deceased or incapacitated, or who are unavailable or
unwilling to make application for patent. The information obtain is protected from disclosure to third
parties in accordance with the Privacy Act.
However, routine uses of this information may include disclosure to the following: to law enforcement
and investigation in the event that the system of records indicates a violation or potential violation of
law; to a Federal, state, local, or international agency, in response to its request; to an agency,
organization, or individual for the purpose of performing audit or oversight operations as authorized by
law; to non-federal personnel under contract to the agency; to a court for adjudication and litigation; to
the Department of Justice for Freedom of Information Act (FOIA) assistance; to members of congress
working on behalf of an individual; to the Office of Personnel Management (OPM) for personnel
research purposes; to National Archives and Records Administration for inspection of records; and to
the Office of Management and Budget (OMB)for legislative coordination and clearance. Failure to
provide any part of the requested information may result in an inability to process requests for access
and information. The applicable Privacy Act System of Records Notice for this information is
COMMERCE/PAT-TM-7 Patent Application Files, available at Federal Register /Vol. 78, No. 61 /
Friday, March 29, 2013 /Notices 19243. https://www.govinfo.gov/content/pkg/FR-2013-03-29/
pdf/2013-07341.pdf