37 CFR § 1.211 — Publication of applications. (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.211, including 111 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

The USPTO mandates publication of patent applications approximately 18 months after initial filing to promote transparency in the patent application process.

What this section covers

Mandatory publication requirements for U.S. national patent applications filed under patent regulations.
Publication scope for international patent applications complying with patent filing regulations.

Key obligations

Ensure patent applications are published promptly after 18 months from the earliest filing date.
Prepare application content that is suitable for public disclosure during the publication process.

Conditions and exceptions

Understand potential circumstances where an application might be excluded from publication.

Practice notes

Consider strategic options for managing application publication, including potential abandonment to avoid disclosure.
Carefully review application content to ensure appropriate information is prepared for public disclosure.

Application Must Comply with Electronic Filing System for Early PublicationMPEP 1129
Protest Allowed Before Allowance NoticeMPEP 1441.01
Publication Fee Refund If Application Does Not Meet RequirementsMPEP 1130
Application Publication Fee Refunded If NoncompliantMPEP 1133
Publication Fee Required for Early Publication RequestMPEP 1129Required
Nonpublication Request for ApplicationMPEP 1120
Application Not Published Until Six Months After FilingMPEP 120
Board Decisions Must Be Publicly AvailableMPEP 1213.03Permitted
Protest Before Allowance NoticeMPEP 1441.01Permitted
Publication of Reissue Application Does Not Prohibit Filing a ProtestMPEP 1441.01
Protest Must Be Filed Before Notice of Allowance And Have Applicant’s ConsentMPEP 1901Required
First Protest Must Include Statement or Comply with Paragraph (c)(5)MPEP 1901Required
First Protest Not Required to Include StatementMPEP 1901Required
Publication Does Not End Protest PeriodMPEP 1901.04
Publication Does Not End Protest PeriodMPEP 1901.04
Eighteen-Month Publication of Patent Applications Unless ExcludedMPEP 1120
Nonpublication Request for ApplicationMPEP 1120
Provisional and Design Applications Exempt from PublicationMPEP 1120Prohibited
Basic Filing Fee and English Translation Required for PublicationMPEP 1120Required
Sequence Listing Requirement for Filing After July 1, 2022MPEP 1120Required
Office May Refuse Publication of Offensive MaterialMPEP 1120Permitted
Publication Fee Must Be Paid Before Granting PatentMPEP 1120Required
Publication Fee Due on Notice of AllowanceMPEP 1120Required
Three-Month Publication Fee Deadline Not ExtendableMPEP 1120
Refund of Publication Fee If Not PublishedMPEP 1120
Provisional, Design, and Reissue Applications Not PublishedMPEP 1120
Reissue Applications Not Kept ConfidentialMPEP 1120
Exceptions to Application PublicationMPEP 1120
Request to Convert Nonprovisional to Provisional Must Avoid PublicationMPEP 1120
Office Cannot Remove Application After Publication InitiatedMPEP 1120Prohibited
Technical Preparations Begin Four Months Before PublicationMPEP 1120
Projected Publication Date Must Be Shown on Filing ReceiptMPEP 1120
Requirements for Delayed PublicationMPEP 1120Permitted
Publication Fee Must Be Paid Before Patent GrantMPEP 1126Required
Publication Fee Required with Notice of AllowanceMPEP 1126Required
No Publication Fee Required for Abandoned ApplicationsMPEP 1126Required
Publication Fee Not Discounted for Small EntitiesMPEP 1126
Publication Fee Must Be Paid Within Three MonthsMPEP 1126Required
Publication Fee Must Be Paid Within Three MonthsMPEP 1126
Publication Fee Must Be Paid Before IssueMPEP 1126Required
Pre-Grant Publication Until Patent IssuesMPEP 1126
Pre-Grant Publication Until Patent IssuanceMPEP 1126Prohibited
Publication Fee Not Refunded If PatentedMPEP 1126
Publication Fee Due at IssueMPEP 1126
No Publication Fee Required After January 1, 2014MPEP 1126
Refund of Publication Fee After 4 Weeks If Application Not PublishedMPEP 1126Permitted
Request for Refund After Issue DateMPEP 1126
Request for Refund of Publication Fee Must Be Directed to Office at Mail Stop PGPUB After 4 WeeksMPEP 1126Recommended
Request for Early Patent Application PublicationMPEP 1129Permitted
Requirement for Application Copy and FeesMPEP 1130Required
Requirement for Application Copy and FeesMPEP 1133Required
Application Not Published if Detrimental to National SecurityMPEP 120
National Security Classified Patent Application Must Be Declassified Before Publication and AllowanceMPEP 120
Board Decisions Must Be Publicly AvailableMPEP 1213.03
Board Decisions May Be Published Under Special CircumstancesMPEP 1213.03Permitted
Notice of Allowance Sent to ApplicantMPEP 1303
Issue Fee and Publication Fee Must Be Paid Within Three MonthsMPEP 1303Required
Three-Month Issue Fee Payment Period Not ExtendableMPEP 1303
Reissue Application Must Be Published Via Official GazetteMPEP 1441.01
Protest Must Be Filed Before Publication Or AllowanceMPEP 1901Required
Timely Protest Before Allowance NotificationMPEP 1901.04
Examiner Note: Protest Must Have Applicant's Written ConsentMPEP 1901.06
Petition for Express Abandonment Before PublicationMPEP 711Required
Petition for Express Abandonment to Avoid PublicationMPEP 711.01Permitted

Publication Fee Required for Early Publication RequestMPEP 1129Required
Issue Fee and Publication Fee Must Be Paid with PTOL-85BMPEP 1303Required
Protest Must Be Filed Before Notice of Allowance And Have Applicant’s ConsentMPEP 1901Required
First Protest Must Include Statement or Comply with Paragraph (c)(5)MPEP 1901Required
First Protest Not Required to Include StatementMPEP 1901Required
Basic Filing Fee and English Translation Required for PublicationMPEP 1120Required
Sequence Listing Requirement for Filing After July 1, 2022MPEP 1120Required
Publication Fee Must Be Paid Before Granting PatentMPEP 1120Required
Publication Fee Due on Notice of AllowanceMPEP 1120Required
Petition Required to Avoid PublicationMPEP 1120Required
Publication Fee Must Be Paid Before Patent GrantMPEP 1126Required
Publication Fee Required with Notice of AllowanceMPEP 1126Required
No Publication Fee Required for Abandoned ApplicationsMPEP 1126Required
Publication Fee Must Be Paid Within Three MonthsMPEP 1126Required
Publication Fee Must Be Paid Before IssueMPEP 1126Required
Requirement for Application Copy and FeesMPEP 1130Required
Requirement for Application Copy and FeesMPEP 1133Required
Issue Fee and Publication Fee Must Be Paid Within Three MonthsMPEP 1303Required
Publication Fee Due at IssueMPEP 1303Required
Protest Must Be Filed Before Publication Or AllowanceMPEP 1901Required
Petition for Express Abandonment Before PublicationMPEP 711Required

Publication by WIPO Does Not Trigger National Stage Time PeriodMPEP 1134.01
Publication by WIPO Does Not Trigger Time Period for Design ApplicationsMPEP 1134.01
Publication Fee Due at IssueMPEP 1303
Notice of Allowance and Fee(s) Due Mailed to Correspondence AddressMPEP 1303
Publication Fee Must Be Paid If Application Was Subject to PublicationMPEP 1303
Utility and Plant Applications Published After Eighteen MonthsMPEP 1120
Publication of National Stage Applications Filed After November 29, 2000MPEP 1120
Eighteen-Month Publication After Earliest Filing DateMPEP 1120
Timely Submission of Priority and Benefit Claims RequiredMPEP 1120
Publication Based on Filed Application and AmendmentsMPEP 1120
Proper CPA for Utility or Plant Patent Published on First Prior Application DateMPEP 1120
Utility and Plant Applications No Longer Published via CPA After July 14, 2003MPEP 1120
Request for Continued Examination Does Not Cause PublicationMPEP 1120
Office Will Mail Publication Notice, Not Application CopyMPEP 1120
Publication of Patent Applications After Eighteen MonthsMPEP 1120
Application Must Not Be Published If Reply Period Expired But Status Not ChangedMPEP 1120
Application Not Abandoned Until Office Updates StatusMPEP 1120
Application Must Remain Published Until Abandoned IndicatedMPEP 1120
Office Must Remove Abandoned Applications from Publication ProcessMPEP 1120
Risk of Publication by Passive AbandonmentMPEP 1120
Patent Publication During IssuanceMPEP 1120
Pre-Grant Publication Continues Until Patent IssuesMPEP 1120
Pre-Grant Publication Continues Until Patent IssuesMPEP 1120Prohibited
Requirement for Not Publishing Violating ApplicationsMPEP 1120Permitted
Requirement for Deleting Violative Material from ApplicationMPEP 1120Permitted
Application Must Include Filing Fee and TranslationMPEP 1120
English Translation Requirement for Non-English ApplicationsMPEP 1120
Patent Application Content and Quality Requirements for Eighteen-Month PublicationMPEP 1120
Specification and Oath/Declaration Requirements for PublicationMPEP 1120Permitted
Requirement for Substitute Specification or Replacement DrawingsMPEP 1120
Applicant’s Reply Needed for PublicationMPEP 1120
Specification and Claims Must Be Sufficient for PublicationMPEP 1120
Patent Term Adjustment Reduction for DelaysMPEP 1120Permitted
Review and Correct Filing Receipt PromptlyMPEP 1120Recommended
Filing Receipt Corrections Must Be Promptly FiledMPEP 1120Recommended
Contact Application Assistance Unit for Incorrect Publication DatesMPEP 1120Recommended
Check and Correct Priority or Benefit Claims on Filing ReceiptMPEP 1120Recommended
Request for Corrected Filing Receipt Required if Information is IncorrectMPEP 1120Prohibited
Errors Not Considered Material MistakesMPEP 1121Permitted
Publication Fee Due Suspended After RCE FilingMPEP 1126
Publication Fee Suspended After RCE FilingMPEP 1126
Suspension of Publication Fee Due Date After RCEMPEP 1126
Publication by Office Required for Time Period InitiationMPEP 1134.01
Publication Fee Due at IssueMPEP 1303

MPEP Section	Rules
MPEP § 1120	Nonpublication Request for ApplicationMPEP 1120 Eighteen-Month Publication of Patent Applications Unless ExcludedMPEP 1120 Nonpublication Request for ApplicationMPEP 1120 Provisional and Design Applications Exempt from PublicationMPEP 1120Prohibited Basic Filing Fee and English Translation Required for PublicationMPEP 1120Required Sequence Listing Requirement for Filing After July 1, 2022MPEP 1120Required Office May Refuse Publication of Offensive MaterialMPEP 1120Permitted Publication Fee Must Be Paid Before Granting PatentMPEP 1120Required Publication Fee Due on Notice of AllowanceMPEP 1120Required Three-Month Publication Fee Deadline Not ExtendableMPEP 1120 Refund of Publication Fee If Not PublishedMPEP 1120 Utility and Plant Applications Published After Eighteen MonthsMPEP 1120 Publication of National Stage Applications Filed After November 29, 2000MPEP 1120 Provisional, Design, and Reissue Applications Not PublishedMPEP 1120 Reissue Applications Not Kept ConfidentialMPEP 1120 Eighteen-Month Publication After Earliest Filing DateMPEP 1120 Timely Submission of Priority and Benefit Claims RequiredMPEP 1120 Publication Based on Filed Application and AmendmentsMPEP 1120 Proper CPA for Utility or Plant Patent Published on First Prior Application DateMPEP 1120 Utility and Plant Applications No Longer Published via CPA After July 14, 2003MPEP 1120 Request for Continued Examination Does Not Cause PublicationMPEP 1120 Office Will Mail Publication Notice, Not Application CopyMPEP 1120 Publication of Patent Applications After Eighteen MonthsMPEP 1120 Exceptions to Application PublicationMPEP 1120 Application Must Not Be Published If Reply Period Expired But Status Not ChangedMPEP 1120 Application Not Abandoned Until Office Updates StatusMPEP 1120 Application Must Remain Published Until Abandoned IndicatedMPEP 1120 Office Must Remove Abandoned Applications from Publication ProcessMPEP 1120 Petition Required to Avoid PublicationMPEP 1120Required Risk of Publication by Passive AbandonmentMPEP 1120 Patent Publication During IssuanceMPEP 1120 Pre-Grant Publication Continues Until Patent IssuesMPEP 1120 Pre-Grant Publication Continues Until Patent IssuesMPEP 1120Prohibited Requirement for Not Publishing Violating ApplicationsMPEP 1120Permitted Requirement for Deleting Violative Material from ApplicationMPEP 1120Permitted Request to Convert Nonprovisional to Provisional Must Avoid PublicationMPEP 1120 Office Cannot Remove Application After Publication InitiatedMPEP 1120Prohibited Technical Preparations Begin Four Months Before PublicationMPEP 1120 Projected Publication Date Must Be Shown on Filing ReceiptMPEP 1120 Application Must Include Filing Fee and TranslationMPEP 1120 English Translation Requirement for Non-English ApplicationsMPEP 1120 Requirements for Delayed PublicationMPEP 1120Permitted Patent Application Content and Quality Requirements for Eighteen-Month PublicationMPEP 1120 Specification and Oath/Declaration Requirements for PublicationMPEP 1120Permitted Requirement for Substitute Specification or Replacement DrawingsMPEP 1120 Applicant’s Reply Needed for PublicationMPEP 1120 Specification and Claims Must Be Sufficient for PublicationMPEP 1120 Patent Term Adjustment Reduction for DelaysMPEP 1120Permitted Review and Correct Filing Receipt PromptlyMPEP 1120Recommended Filing Receipt Corrections Must Be Promptly FiledMPEP 1120Recommended Contact Application Assistance Unit for Incorrect Publication DatesMPEP 1120Recommended Check and Correct Priority or Benefit Claims on Filing ReceiptMPEP 1120Recommended Request for Corrected Filing Receipt Required if Information is IncorrectMPEP 1120Prohibited
MPEP § 1121	Errors Not Considered Material MistakesMPEP 1121Permitted
MPEP § 1126	Publication Fee Must Be Paid Before Patent GrantMPEP 1126Required Publication Fee Required with Notice of AllowanceMPEP 1126Required No Publication Fee Required for Abandoned ApplicationsMPEP 1126Required Publication Fee Not Discounted for Small EntitiesMPEP 1126 Publication Fee Must Be Paid Within Three MonthsMPEP 1126Required Publication Fee Must Be Paid Within Three MonthsMPEP 1126 Publication Fee Must Be Paid Before IssueMPEP 1126Required Pre-Grant Publication Until Patent IssuesMPEP 1126 Pre-Grant Publication Until Patent IssuanceMPEP 1126Prohibited Publication Fee Not Refunded If PatentedMPEP 1126 Publication Fee Due at IssueMPEP 1126 No Publication Fee Required After January 1, 2014MPEP 1126 Refund of Publication Fee After 4 Weeks If Application Not PublishedMPEP 1126Permitted Request for Refund After Issue DateMPEP 1126 Request for Refund of Publication Fee Must Be Directed to Office at Mail Stop PGPUB After 4 WeeksMPEP 1126Recommended Publication Fee Due Suspended After RCE FilingMPEP 1126 Publication Fee Suspended After RCE FilingMPEP 1126 Suspension of Publication Fee Due Date After RCEMPEP 1126
MPEP § 1129	Application Must Comply with Electronic Filing System for Early PublicationMPEP 1129 Publication Fee Required for Early Publication RequestMPEP 1129Required Request for Early Patent Application PublicationMPEP 1129Permitted
MPEP § 1130	Publication Fee Refund If Application Does Not Meet RequirementsMPEP 1130 Requirement for Application Copy and FeesMPEP 1130Required
MPEP § 1133	Application Publication Fee Refunded If NoncompliantMPEP 1133 Requirement for Application Copy and FeesMPEP 1133Required
MPEP § 1134.01	Publication by WIPO Does Not Trigger National Stage Time PeriodMPEP 1134.01 Publication by WIPO Does Not Trigger Time Period for Design ApplicationsMPEP 1134.01 Publication by Office Required for Time Period InitiationMPEP 1134.01
MPEP § 120	Application Not Published Until Six Months After FilingMPEP 120 Application Not Published if Detrimental to National SecurityMPEP 120 National Security Classified Patent Application Must Be Declassified Before Publication and AllowanceMPEP 120
MPEP § 1213.03	Board Decisions Must Be Publicly AvailableMPEP 1213.03Permitted Board Decisions Must Be Publicly AvailableMPEP 1213.03 Board Decisions May Be Published Under Special CircumstancesMPEP 1213.03Permitted
MPEP § 1303	Publication Fee Due at IssueMPEP 1303 Notice of Allowance and Fee(s) Due Mailed to Correspondence AddressMPEP 1303 Publication Fee Must Be Paid If Application Was Subject to PublicationMPEP 1303 Issue Fee and Publication Fee Must Be Paid with PTOL-85BMPEP 1303Required Notice of Allowance Sent to ApplicantMPEP 1303 Issue Fee and Publication Fee Must Be Paid Within Three MonthsMPEP 1303Required Three-Month Issue Fee Payment Period Not ExtendableMPEP 1303 Publication Fee Due at IssueMPEP 1303 Publication Fee Due at IssueMPEP 1303Required
MPEP § 1441.01	Protest Allowed Before Allowance NoticeMPEP 1441.01 Protest Before Allowance NoticeMPEP 1441.01Permitted Publication of Reissue Application Does Not Prohibit Filing a ProtestMPEP 1441.01 Reissue Application Must Be Published Via Official GazetteMPEP 1441.01
MPEP § 1901	Protest Must Be Filed Before Notice of Allowance And Have Applicant’s ConsentMPEP 1901Required First Protest Must Include Statement or Comply with Paragraph (c)(5)MPEP 1901Required First Protest Not Required to Include StatementMPEP 1901Required Protest Must Be Filed Before Publication Or AllowanceMPEP 1901Required
MPEP § 1901.04	Publication Does Not End Protest PeriodMPEP 1901.04 Publication Does Not End Protest PeriodMPEP 1901.04 Timely Protest Before Allowance NotificationMPEP 1901.04
MPEP § 1901.06	Examiner Note: Protest Must Have Applicant's Written ConsentMPEP 1901.06
MPEP § 711	Petition for Express Abandonment Before PublicationMPEP 711Required
MPEP § 711.01	Petition for Express Abandonment to Avoid PublicationMPEP 711.01Permitted

Related Provisions

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

37 CFR § 1.211 — Publication of applications. (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.211 Publication of applications.

Summary

Official MPEP § 1.211 — Publication of applications.

1.211 Publication of applications.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions