What are the exceptions to the 18-month publication rule for patent applications?

While the American Inventors Protection Act (AIPA) introduced the 18-month publication rule, there are several exceptions to this requirement. According to MPEP 901.03, an application shall not be published if it falls under any of the following categories:

  • (A) no longer pending;
  • (B) subject to a secrecy order under 35 U.S.C. 181;
  • (C) a provisional application filed under 35 U.S.C. 111(b);
  • (D) an application for a design patent filed under 35 U.S.C. 171;
  • (E) an application for an International design application filed under 35 U.S.C. 382; or
  • (F) a reissue application filed under 35 U.S.C. 251.

Additionally, an application will not be published if the applicant submits a request for nonpublication at the time of filing.

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Topics: MPEP 101-General, Patent Law, Patent Procedure
Tags: 18-month publication, nonpublication request, patent publication exceptions