What is voluntary publication of a patent application?
Voluntary publication is a process where an applicant can request the USPTO to publish a utility or plant application that was filed before November 29, 2000, under 35 U.S.C. 122(b). This option is available because applications filed before this date were not automatically published under the new law.
As stated in MPEP 1133: “Utility and plant applications filed before November 29, 2000 will not be published under 35 U.S.C. 122(b). If an applicant wishes the Office to publish a utility or plant application filed before November 29, 2000 under 35 U.S.C. 122(b), applicant may file a request for voluntary publication under 37 CFR 1.221.“
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