Unfortunately this is a significant oversight because the designation from publication to non-publication cannot be changed after filing a patent application (although changing from non-publication to publication is allowed). The only option is to re-file the patent application with the request for non-publication selected in the ADS. In addition, you have to file a petition for express abandonment of the originally filed patent application (form PTO/AIA/24A) including the petition fee (1.17(h)) in order to avoid publication of the original patent application. Finally, you MUST wait for the original application to be assigned an official filing date (i.e., receive the official filing receipt) before you file the petition for abandonment. Otherwise the petition will be denied and you will have to re-file the petition with another petition fee.
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Unfortunately this is a significant oversight because the designation from publication to non-publication cannot be changed after filing a patent application (although changing from non-publication to publication is allowed). The only option is to re-file the patent application with the request for non-publication selected in the ADS. In addition, you have to file a petition for express abandonment of the originally filed patent application (form PTO/AIA/24A) including the petition fee (1.17(h)) in order to avoid publication of the original patent application. Finally, you MUST wait for the original application to be assigned an official filing date (i.e., receive the official filing receipt) before you file the petition for abandonment. Otherwise the petition will be denied and you will have to re-file the petition with another petition fee.
Disclaimer: All viewers agree no professional liability arises from anything posted on this website.
If you found this posting helpful, please donate to the author's bitcoin address:
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