I wonder whether there exist any downsides in making a request for nonpublication when submitting a patent application to the USPTO, aside from preventing the invention from being submitted to non-US countries.

1 Answer 1


I can't think of any as long as you can truthfully sign that you are not, at that time, planning on filing out of the country. But you can change your mind and rescind that election later.

See 35 U.S.C. 122 for information on rescinding that request if you change your mind. It says you can rescind the request at any time and MPEP § 1135 lays out the process to follow. You can actually rescind after a first foreign filing but it must be done within 45 days. If not you can lose your rights in the U.S. altogether!

In the case that you rescind after filing out of the U.S. you also need to file a notice of foreign filing within the same 45 days. USPTO form PTO/SB/36 can be used to do both filings in one form.

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