When are international patent applications published?

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.

According to MPEP 1857, international patent applications are typically published 18 months after the priority date. However, there are exceptions:

  • The applicant can request earlier publication.
  • Publication may be delayed if the application is withdrawn or considered withdrawn before technical preparations for publication are completed.

As stated in PCT Article 21(2)(a): Subject to the exceptions provided for in subparagraph (b) and in Article 64(3), the international publication of the international application shall be effected promptly after the expiration of 18 months from the priority date of that application.

Tags: international publication, Patent Cooperation Treaty, PCT, publication timeline