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Non publication request

Non publication request

A non publication request under 37 C.F.R. 1.213 provides an inventor to keep the contents and the prosecution of the application a secret. A non-publication request must be filed with the patent application; or else a patent application will be published in due course of time.

The following are the pros and cons for filing a non-publication request:
Pros:
1. If the patent prosecution is not going in favor of the applicant. The competitors will not be able to know the status but in the mean time the applicant can use ‘Patent Pending’ on the products manufactured by the applicant until the patent prosecution has not concluded.

Cons:
1. Patent protection for the application cannot be sought in foreign countries (countries other than the US).
2. Damages arising out of infringement of the patent cannot be claimed when the patent was being prosecuted.

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