Patent Law FAQ

Patent applications are generally published 18 months after the earliest filing date, with some exceptions. According to 35 U.S.C. 122(b)(1)(A):

“Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period.”

Exceptions to publication include applications that are no longer pending, subject to a secrecy order, provisional applications, or design patent applications.

Patent applications are generally published by the USPTO 18 months after the earliest filing date for which a benefit is sought. This is specified in 35 U.S.C. 122(b)(1)(A):

Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period.

There are some exceptions to this rule, such as applications that are no longer pending or are subject to a secrecy order. Applicants can also request early publication or non-publication under certain conditions.

There are several exceptions to the 18-month publication rule for patent applications, as outlined in 35 U.S.C. 122(b)(2)(A). An application shall not be published if it is:

• No longer pending
• Subject to a secrecy order under section 181
• A provisional application filed under section 111(b)
• An application for a design patent filed under chapter 16

Additionally, an applicant can request non-publication if they certify that the invention has not and will not be the subject of an application filed in another country that requires publication after 18 months. However, if the applicant later files such a foreign application, they must notify the USPTO within 45 days or the U.S. application will be considered abandoned.

Patent applications are generally published 18 months after the earliest filing date, with some exceptions. According to 35 U.S.C. 122(b)(1)(A):

“Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period.”

Exceptions to publication include applications that are no longer pending, subject to a secrecy order, provisional applications, or design patent applications.

Patent applications are generally published by the USPTO 18 months after the earliest filing date for which a benefit is sought. This is specified in 35 U.S.C. 122(b)(1)(A):

Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period.

There are some exceptions to this rule, such as applications that are no longer pending or are subject to a secrecy order. Applicants can also request early publication or non-publication under certain conditions.

There are several exceptions to the 18-month publication rule for patent applications, as outlined in 35 U.S.C. 122(b)(2)(A). An application shall not be published if it is:

• No longer pending
• Subject to a secrecy order under section 181
• A provisional application filed under section 111(b)
• An application for a design patent filed under chapter 16

Additionally, an applicant can request non-publication if they certify that the invention has not and will not be the subject of an application filed in another country that requires publication after 18 months. However, if the applicant later files such a foreign application, they must notify the USPTO within 45 days or the U.S. application will be considered abandoned.

Patent applications are generally published 18 months after the earliest filing date, with some exceptions. According to 35 U.S.C. 122(b)(1)(A):

“Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period.”

Exceptions to publication include applications that are no longer pending, subject to a secrecy order, provisional applications, or design patent applications.

Patent applications are generally published by the USPTO 18 months after the earliest filing date for which a benefit is sought. This is specified in 35 U.S.C. 122(b)(1)(A):

Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period.

There are some exceptions to this rule, such as applications that are no longer pending or are subject to a secrecy order. Applicants can also request early publication or non-publication under certain conditions.

There are several exceptions to the 18-month publication rule for patent applications, as outlined in 35 U.S.C. 122(b)(2)(A). An application shall not be published if it is:

• No longer pending
• Subject to a secrecy order under section 181
• A provisional application filed under section 111(b)
• An application for a design patent filed under chapter 16

Additionally, an applicant can request non-publication if they certify that the invention has not and will not be the subject of an application filed in another country that requires publication after 18 months. However, if the applicant later files such a foreign application, they must notify the USPTO within 45 days or the U.S. application will be considered abandoned.