Can the publication of an international application be prevented?

Generally, the publication of an international application is a standard part of the PCT process. However, there are limited circumstances under which publication can be prevented:

• Withdrawal of the application: If the applicant withdraws the international application before the technical preparations for international publication have been completed.
• Withdrawal of the designation: If all designations are withdrawn before publication preparations are complete.
• National security considerations: If the application contains information that could be prejudicial to national security.

MPEP 1857 states: “The international application is published immediately after the expiration of 18 months from the priority date unless the application is withdrawn earlier.” This implies that timely withdrawal is the primary method to prevent publication.

It’s important to note that preventing publication may limit the applicant’s rights in some jurisdictions and should be carefully considered.

To learn more:

• prevent publication
• withdraw application
• national security
• PCT publication