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Additionally, applications may not be published if they are: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.

To learn more:

Tags: 18-month publication exceptions, nonpublication request, patent application exemptions, Secrecy Order