37 CFR § 1.221 — Voluntary publication or republication of patent (MPEP Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.221, including 71 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 provides detailed guidelines for requesting voluntary publication or republication of patents, including the necessary fees and amendments to correct errors or republish applications.

What this section covers

This section covers requests for voluntary publication and republication of patents, focusing on application copy and fees.

Key obligations

Requests for republication must include fees and amendments to correct errors or republish the application.
The request must include a listing of alleged material errors, marked-up copies of the relevant pages, and an indication of where in the publication the errors are.
The application must be pending, and the request for republication must meet USPTO electronic filing system requirements.

Practice notes

Ensure all necessary fees are included with the request for republication.
Include marked-up copies and detailed error descriptions to support the request for corrected publication.

Request for Corrected Patent Application PublicationMPEP 1002.02(b)
Request for Republishing Application AllowedMPEP 1002.02(r)
Requirement for Application Copy and FeesMPEP 1130Required
Publication Fee Refund If Application Does Not Meet RequirementsMPEP 1130
Request for Corrected Patent Application Publication When Office Mistake Is ApparentMPEP 1130
Request for Corrected Patent Application Publication Must Be Filed Within Two MonthsMPEP 1130Required
Correction Period Not ExtendableMPEP 1130
Request for Republication Must Include Fees and AmendmentsMPEP 1130Required
Processing Fee for Republication RequiredMPEP 1130
Request Not Meeting Filing Requirements Will Be DismissedMPEP 1130
Fees Must Be Paid for RepublicationMPEP 1130
Request for Republication Must Be PendingMPEP 1130Required
Abandoned Or Patented Application Not RepublishedMPEP 1130Permitted
Request for Corrected Patent Application PublicationMPEP 1130Permitted
Check Application Records Before Requesting Corrected PublicationMPEP 1130Required
Illegible Specification Text Prohibits Corrected Publication RequestMPEP 1130
Request for Corrected Patent Application Publication Must Be Filed Within Two Months and Identify Office MistakeMPEP 1130Required
Two-Month Time Period Not Extendable for Corrected PublicationMPEP 1130
Request for Corrected Patent Application Publication Must Include Specific ElementsMPEP 1130Recommended
Correct Mistakes by Filing Request for Republication After DeadlineMPEP 1130Recommended
Material Mistake Required for Corrected PublicationMPEP 1130Permitted
Claims Must Be Included in PublicationMPEP 1130
Claims Must Be Supported by SpecificationMPEP 1130
Drawings Must Be Included In PublicationMPEP 1130
Publication Does Not Include Prior Application Reference After Sep 16, 2012MPEP 1130
Prior Filed Nonprovisional Application Benefit Not Published Before September 16, 2012MPEP 1130
PTA Reduction for Non-Material Errors During Corrected PublicationMPEP 1130Permitted
Requirement for Application Copy and FeesMPEP 1133Required
Application Publication Fee Refunded If NoncompliantMPEP 1133
Request for Voluntary Publication of Pre-November 2000 ApplicationsMPEP 1133Required
Processing Fee for Voluntary PublicationMPEP 1133
Request Must Meet USPTO Electronic Filing StandardsMPEP 1133
Application May Not Be Published After AbandonmentMPEP 1133Prohibited
First Office Publication Triggers Time Period for Third-Party SubmissionsMPEP 1134.01
Republication Not First Office PublicationMPEP 1134.01
Date of Notice of Allowance Controls Third-Party Submission TimingMPEP 1134.01
Timing for Third-Party Submissions Controlled by Notice of AllowanceMPEP 1134.01
Requirement for Pre-Grant Publication via EFS-WebMPEP 502.05
Application Data Sheet Required for Pre-Grant Publication Requests via EFS-WebMPEP 502.05Required
Pre-Grant Publication Option Required for Amended PublicationMPEP 502.05Required

Requirement for Application Copy and FeesMPEP 1130Required
Request for Corrected Patent Application Publication Must Be Filed Within Two MonthsMPEP 1130Required
Request for Republication Must Include Fees and AmendmentsMPEP 1130Required
Request for Republication Must Be PendingMPEP 1130Required
Check Application Records Before Requesting Corrected PublicationMPEP 1130Required
Request for Corrected Patent Application Publication Must Be Filed Within Two Months and Identify Office MistakeMPEP 1130Required
Requirement for Application Copy and FeesMPEP 1133Required
Request for Voluntary Publication of Pre-November 2000 ApplicationsMPEP 1133Required
Application Data Sheet Required for Pre-Grant Publication Requests via EFS-WebMPEP 502.05Required
Pre-Grant Publication Option Required for Amended PublicationMPEP 502.05Required
Patent Applications Published After 18 MonthsMPEP 901.03Required
Exceptions to Patent Publication After November 29, 2000MPEP 901.03Required

Poor Quality Text May Cause Publication ErrorsMPEP 1121Permitted
Request for Republication Required for AmendmentsMPEP 1121
Errors Not Corrected In Republished ApplicationMPEP 1121
Assignment Errors Not Considered Material MistakesMPEP 1121Permitted
No Material Errors for Corrected PublicationsMPEP 1130Recommended
Assignment Information Not Required for PublicationMPEP 1130
Wrong Assignee In PublicationMPEP 1130
No Prior Application Reference RequiredMPEP 1130
Requirement for Proper Prior Application ReferenceMPEP 1130
Claims Not Included In PublicationMPEP 1130
Publication May Include Minor Typographical ErrorsMPEP 1130
Figure on First Page Must Match Applicant’s SuggestionMPEP 1130
Documents Filed After Initial SubmissionMPEP 502.05
Follow-On Documents Include Amendments and MoreMPEP 502.05
Follow-On Documents Include Same-Day SubmissionsMPEP 502.05
Pre-Grant Publication Requests via EFS-WebMPEP 502.05Permitted
Follow-On Documents Must Be Filed Via EFS-WebMPEP 502.05
Patent Owner and Requester May File Documents via EFS-Web in Reexamination ProceedingsMPEP 502.05Permitted
Requirement for Second Submission of Patent Term Extension via EFS-WebMPEP 502.05Permitted
Application Data Sheet Requirements for Nonprovisional ApplicationsMPEP 601.05(a)
Suggested Drawing Figure for Publication Used When Timely FiledMPEP 601.05(a)
Suggested Drawing Figure for Publication UsedMPEP 601.05(a)
No Longer Utilizing Suggested Classification for Pre-2012 ApplicationsMPEP 601.05(b)Permitted
Office Uses Applicant’s Suggested Drawing for Publication Front PageMPEP 601.05(b)
Suggested Drawing Figure Used for PublicationMPEP 601.05(b)
Requirement to Insert Reason for Denying RequestMPEP 709
Requirement for First Office Action on MeritsMPEP 709
Patent Applications Published After 18 MonthsMPEP 901.03
Pending Applications May Be Published On RequestMPEP 901.03Permitted

MPEP Section	Rules
MPEP § 1002.02(b)	Request for Corrected Patent Application PublicationMPEP 1002.02(b)
MPEP § 1002.02(r)	Request for Republishing Application AllowedMPEP 1002.02(r)
MPEP § 1121	Poor Quality Text May Cause Publication ErrorsMPEP 1121Permitted Request for Republication Required for AmendmentsMPEP 1121 Errors Not Corrected In Republished ApplicationMPEP 1121 Assignment Errors Not Considered Material MistakesMPEP 1121Permitted
MPEP § 1130	Requirement for Application Copy and FeesMPEP 1130Required Publication Fee Refund If Application Does Not Meet RequirementsMPEP 1130 Request for Corrected Patent Application Publication When Office Mistake Is ApparentMPEP 1130 Request for Corrected Patent Application Publication Must Be Filed Within Two MonthsMPEP 1130Required Correction Period Not ExtendableMPEP 1130 Request for Republication Must Include Fees and AmendmentsMPEP 1130Required Processing Fee for Republication RequiredMPEP 1130 Request Not Meeting Filing Requirements Will Be DismissedMPEP 1130 Fees Must Be Paid for RepublicationMPEP 1130 Request for Republication Must Be PendingMPEP 1130Required Abandoned Or Patented Application Not RepublishedMPEP 1130Permitted Request for Corrected Patent Application PublicationMPEP 1130Permitted Check Application Records Before Requesting Corrected PublicationMPEP 1130Required Illegible Specification Text Prohibits Corrected Publication RequestMPEP 1130 Request for Corrected Patent Application Publication Must Be Filed Within Two Months and Identify Office MistakeMPEP 1130Required Two-Month Time Period Not Extendable for Corrected PublicationMPEP 1130 Request for Corrected Patent Application Publication Must Include Specific ElementsMPEP 1130Recommended Correct Mistakes by Filing Request for Republication After DeadlineMPEP 1130Recommended Material Mistake Required for Corrected PublicationMPEP 1130Permitted Claims Must Be Included in PublicationMPEP 1130 Claims Must Be Supported by SpecificationMPEP 1130 Drawings Must Be Included In PublicationMPEP 1130 Publication Does Not Include Prior Application Reference After Sep 16, 2012MPEP 1130 Prior Filed Nonprovisional Application Benefit Not Published Before September 16, 2012MPEP 1130 No Material Errors for Corrected PublicationsMPEP 1130Recommended Assignment Information Not Required for PublicationMPEP 1130 Wrong Assignee In PublicationMPEP 1130 No Prior Application Reference RequiredMPEP 1130 Requirement for Proper Prior Application ReferenceMPEP 1130 Claims Not Included In PublicationMPEP 1130 Publication May Include Minor Typographical ErrorsMPEP 1130 Figure on First Page Must Match Applicant’s SuggestionMPEP 1130 PTA Reduction for Non-Material Errors During Corrected PublicationMPEP 1130Permitted
MPEP § 1133	Requirement for Application Copy and FeesMPEP 1133Required Application Publication Fee Refunded If NoncompliantMPEP 1133 Request for Voluntary Publication of Pre-November 2000 ApplicationsMPEP 1133Required Processing Fee for Voluntary PublicationMPEP 1133 Request Must Meet USPTO Electronic Filing StandardsMPEP 1133 Application May Not Be Published After AbandonmentMPEP 1133Prohibited
MPEP § 1134.01	First Office Publication Triggers Time Period for Third-Party SubmissionsMPEP 1134.01 Republication Not First Office PublicationMPEP 1134.01 Date of Notice of Allowance Controls Third-Party Submission TimingMPEP 1134.01 Timing for Third-Party Submissions Controlled by Notice of AllowanceMPEP 1134.01
MPEP § 502.05	Documents Filed After Initial SubmissionMPEP 502.05 Follow-On Documents Include Amendments and MoreMPEP 502.05 Follow-On Documents Include Same-Day SubmissionsMPEP 502.05 Pre-Grant Publication Requests via EFS-WebMPEP 502.05Permitted Follow-On Documents Must Be Filed Via EFS-WebMPEP 502.05 Patent Owner and Requester May File Documents via EFS-Web in Reexamination ProceedingsMPEP 502.05Permitted Requirement for Second Submission of Patent Term Extension via EFS-WebMPEP 502.05Permitted Requirement for Pre-Grant Publication via EFS-WebMPEP 502.05 Application Data Sheet Required for Pre-Grant Publication Requests via EFS-WebMPEP 502.05Required Pre-Grant Publication Option Required for Amended PublicationMPEP 502.05Required
MPEP § 601.05(a)	Application Data Sheet Requirements for Nonprovisional ApplicationsMPEP 601.05(a) Suggested Drawing Figure for Publication Used When Timely FiledMPEP 601.05(a) Suggested Drawing Figure for Publication UsedMPEP 601.05(a)
MPEP § 601.05(b)	No Longer Utilizing Suggested Classification for Pre-2012 ApplicationsMPEP 601.05(b)Permitted Office Uses Applicant’s Suggested Drawing for Publication Front PageMPEP 601.05(b) Suggested Drawing Figure Used for PublicationMPEP 601.05(b)
MPEP § 709	Requirement to Insert Reason for Denying RequestMPEP 709 Requirement for First Office Action on MeritsMPEP 709
MPEP § 901.03	Patent Applications Published After 18 MonthsMPEP 901.03 Patent Applications Published After 18 MonthsMPEP 901.03Required Pending Applications May Be Published On RequestMPEP 901.03Permitted Exceptions to Patent Publication After November 29, 2000MPEP 901.03Required

Related Provisions

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

37 CFR § 1.221 — Voluntary publication or republication of patent (MPEP Index) – BlueIron IP

37 CFR § 1.221 Voluntary publication or republication of patent

Summary

Official MPEP § 1.221 — Voluntary publication or republication of patent

1.221 Voluntary publication or republication of patent application publication.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions