What is the 18-month publication rule for patent applications?
The 18-month publication rule, as specified in 35 U.S.C. 122(b), requires that most patent applications be published 18 months after their earliest filing date. Specifically, the law states:
“Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title.”
This rule applies to utility and plant patent applications filed on or after November 29, 2000. The purpose of this rule is to make patent information available to the public earlier in the patent process.
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