37 CFR § 1.219 — Early publication. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.219 Early publication.
This page consolidates MPEP guidance interpreting 37 CFR § 1.219, including 15 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 Early publication. is a provision allowing applications to be published earlier than the standard eighteen-month period at the applicant's request, subject to certain conditions and fees.
What this section covers
- This section covers the process for requesting early publication of patent applications before the standard eighteen-month publication date.
Key obligations
- Applicants must request early publication and pay the required publication fee.
- The application must comply with electronic filing system requirements for early publication to be considered.
- Applications must be complete and ready for publication before the process begins, typically taking about 14 weeks.
Practice notes
- Ensure all necessary fees are paid before requesting early publication to avoid delays.
- Avoid missing formal requirements that could delay the application's publication process.
Official MPEP § 1.219 — Early publication.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.219 Early publication.
Applications that will be published under § 1.211 may be published earlier than as set forth in § 1.211(a) at the request of the applicant. Any request for early publication must be accompanied by the publication fee set forth in § 1.18(d). If the applicant does not submit a copy of the application in compliance with the USPTO patent electronic filing system requirements pursuant to § 1.215(c) , the Office will publish the application as provided in § 1.215(a) . No consideration will be given to requests for publication on a certain date, and such requests will be treated as a request for publication as soon as possible.
[Added, 65 FR 57024, Sept. 20, 2000, effective Nov. 29, 2000; revised, 87 FR 68900, Nov. 17, 2022, effective Dec. 19, 2022]
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- Ex Parte Reexamination
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- Fees
| MPEP Section | Rules |
|---|---|
| MPEP § 1129 | |
| MPEP § 502.05 |