Brief Notes

US Application/Patent Publication


This brief note is not legal advice and is for educational purposes only.


So, you’re wondering when your patent or patent application will get published for the world to see. Here are some guidelines/rules

If your patent is issued it gets published – period. Patents are published at and in the Official Gazette for Patents

IF you filed an application in a foreign country or region – then your application gets published at 18 months from your earliest filing date. If you originally filed with a non-publication request make sure you rescind it within 45 days of the foreign filing or your application will go abandoned (seriously don’t blow the deadline). 35 U.S.C. § 122

Exceptions – there are always some and your patent application will not be published if your application has been placed under a secrecy order (you have no option), your application was a provisional rather than a utility application, your application was a design patent, or the application is no longer pending like if you petition for express abandonment to avoid publication. 37 CFR 1.138

What if I want my application published early?
Normally you don’t want the competition to see what you’ve invented and so it’s quite common and best practice to file a Request Not to Publish with your patent application. It’s best practice because if you don’t file a Request Not to Publish when you file your patent application you’ve lost that right and cannot file it later. Plus, the Request Not to Publish can be rescinded at any time and so it’s a no-lose situation.
If you filed a non-publication request then send a rescission of non-publication request and this implies a request for publication at 18 months. If you want to request an earlier publication – send a note saying such.
If you did not file a non-publication request then simply send a note requesting early publication. 37 CFR 1.219

Is it more complicated?
Possibly. This note is brief and does not address such things as redacting part of the US application if it is more detailed than a corresponding foreign filing, the timing of such redactions, etc.


Consult an attorney regarding publication of a patent application and its timing.

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