35 U.S.C. § 374 — Publication of international (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 35 U.S.C. § 374, including 20 rules 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.

Summary

This section outlines the availability of copies of published patent applications, including specifications and drawings, upon request. It also covers fee requirements and automatic U.S. designation in PCT filings after 2003.

What this section covers

Defines that this section covers the availability and process for requesting copies of published patent applications.
Identifies specifications, drawings, and all related papers in the file as available upon request for published applications.

Key obligations

Practitioners must understand the process for requesting copies of published applications.
All papers relating to the file, including specifications and drawings, are available upon request for published applications.

Practice notes

Practitioners should ensure they understand the specific requirements for requesting these documents.
All related papers are available, including those not typically part of the initial filing process.

International Application Designation as U.S. PublicationMPEP 1857Required
International Applications Published Weekly on ThursdaysMPEP 1857
Published International Applications Sent to Requesting OfficesMPEP 1857
Published International Applications Available on WIPO’s PatentscopeMPEP 1857
Sequence Listing Parts Must Be Published OnlineMPEP 1857
Sequence Listing Parts Must Be Viewable OnlineMPEP 1857Permitted
Sequence Listing Must Be Viewed OnlineMPEP 1857
Prior Art Effect for Patent Application PublicationsMPEP 2139.02
Prior Art Effect for Patent Application PublicationsMPEP 2139.02
Prior Art Effect for International Applications Designating USMPEP 2139.02Permitted

International Application Designation as U.S. PublicationMPEP 1857Required

Copies of Published Applications Available Upon RequestMPEP 103
Fee Required for Published Application CopyMPEP 103Permitted
PCT and Hague Designations Deemed US PublicationMPEP 103
U.S. Automatically Designated in PCT Applications Filed After 2003MPEP 103
WIPO Published Application as Prior ArtMPEP 2151
WIPO Publication of PCT Application as Prior ArtMPEP 2151
WIPO Published Application as Prior Art Under AIA 102(a)(2)MPEP 2151
WIPO Published Application as U.S. Patent Publication Under Pre-AIAMPEP 2151
WIPO PCT Publications Treated as U.S. ApplicationsMPEP 2154.01(a)
WIPO Published Application as Prior ArtMPEP 2154.01(a)

MPEP Section	Rules
MPEP § 103	Copies of Published Applications Available Upon RequestMPEP 103 Fee Required for Published Application CopyMPEP 103Permitted PCT and Hague Designations Deemed US PublicationMPEP 103 U.S. Automatically Designated in PCT Applications Filed After 2003MPEP 103
MPEP § 1857	International Application Designation as U.S. PublicationMPEP 1857Required International Applications Published Weekly on ThursdaysMPEP 1857 Published International Applications Sent to Requesting OfficesMPEP 1857 Published International Applications Available on WIPO’s PatentscopeMPEP 1857 Sequence Listing Parts Must Be Published OnlineMPEP 1857 Sequence Listing Parts Must Be Viewable OnlineMPEP 1857Permitted Sequence Listing Must Be Viewed OnlineMPEP 1857
MPEP § 2139.02	Prior Art Effect for Patent Application PublicationsMPEP 2139.02 Prior Art Effect for Patent Application PublicationsMPEP 2139.02 Prior Art Effect for International Applications Designating USMPEP 2139.02Permitted
MPEP § 2151	WIPO Published Application as Prior ArtMPEP 2151 WIPO Publication of PCT Application as Prior ArtMPEP 2151 WIPO Published Application as Prior Art Under AIA 102(a)(2)MPEP 2151 WIPO Published Application as U.S. Patent Publication Under Pre-AIAMPEP 2151
MPEP § 2154.01(a)	WIPO PCT Publications Treated as U.S. ApplicationsMPEP 2154.01(a) WIPO Published Application as Prior ArtMPEP 2154.01(a)

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

35 U.S.C. § 374 — Publication of international (MPEP Coverage Index) – BlueIron IP

35 U.S.C. § 374 Publication of international

Summary

Official MPEP § 374 — Publication of international

35 U.S.C. 374 Publication of international application.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions