What types of patent applications are exempt from 18-month publication?
According to MPEP 1120, several types of patent applications are exempt from the 18-month publication rule. These include:
- Provisional applications filed under 35 U.S.C. 111(b)
- Design applications filed under 35 U.S.C. 171
- International design applications filed under 35 U.S.C. 385
- Reissue applications filed under 35 U.S.C. 251
Additionally, applications may not be published if they are:
- No longer pending
- Subject to a secrecy order under 35 U.S.C. 181
- National security classified
- Filed with a nonpublication request in compliance with 37 CFR 1.213(a)
These exceptions ensure that certain types of applications or those with specific security concerns are not automatically published.
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