What are the requirements for requesting voluntary publication?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

To request voluntary publication of a patent application filed before November 29, 2000, applicants must meet specific requirements as outlined in MPEP 1133:

  • The application must be pending
  • A copy of the application must be submitted in compliance with the Office Electronic Filing System (EFS) requirements
  • The publication fee set forth in 37 CFR 1.18(d) must be paid
  • The processing fee set forth in 37 CFR 1.17(i) must be paid

The MPEP states: “If the applicant submits a request that does not meet the EFS requirements, the request will be dismissed.” It’s crucial to ensure all requirements are met to avoid dismissal of the request.

Tags: efs requirements, processing fees, publication fees, voluntary publication