Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
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 An application shall not be published if it is: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.