When does international publication occur in a PCT application?

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.

International publication is a key step in the PCT process, making the application publicly available. MPEP 1842 provides the following information:

“Under PCT Article 21, the international publication of the international application by the International Bureau shall be effected promptly after the expiration of 18 months from the priority date of that application.”

This means that, barring any exceptions, PCT applications are published internationally 18 months after their priority date. This publication serves to disclose the invention to the public and can affect the patentability of related inventions filed after this date.

Tags: international publication, PCT, Priority Date, Wipo