Q: What is the deadline for updating residence information for patent application publication?

According to MPEP 719.02 , there is a specific deadline for updating residence information to be reflected in a patent application publication: For a patent application publication to be published with residence information that differs from that originally filed, the revised information must be entered into the Office electronic records at least nine weeks before the publication date of the application. This nine-week deadline is crucial for ensuring that any changes to residence information are properly reflected in the published application. To learn more: patent application publication residence information publication deadline USPTO electronic records

Question 1

When do materials submitted under MPEP § 724.02 become publicly available?

Accepted Answer

Materials submitted under MPEP § 724.02 may become publicly available under different circumstances:

After publication of the application under 35 U.S.C. 122(b)(1), if no petition to expunge was filed or if such a petition was denied.
Upon abandonment of the application, if no petition to expunge was filed.
Upon issuance of the application as a patent, if no petition to expunge was filed before the notice of allowability was mailed.

The MPEP states: "If a petition to expunge is not filed prior to the mailing of the notice of allowability, the materials submitted under MPEP § 724.02 will be released to the public upon the issuance of the application as a patent and upon the filing of a request and the appropriate fee (37 CFR 1.14)."

It's crucial for applicants to file petitions to expunge in a timely manner if they wish to maintain the confidentiality of these materials.

To learn more:

MPEP 724.02

Question 2

When are patent applications published?

Accepted Answer

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.

Question 3

When are patent applications published by the USPTO?

Accepted Answer

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.

Question 4

What is the difference between a Defensive Publication and a patent application publication?

Accepted Answer

A Defensive Publication is distinct from a patent application publication in several ways:

The MPEP explicitly states: A defensive publication is not a patent or an application publication under 35 U.S.C. 122(b); it is a publication. Therefore, it is prior art only as of its publication date.

To learn more:

35 U.S.C. 122(b)

Question 5

What is the deadline for updating residence information for patent application publication?

Accepted Answer

According to MPEP 719.02, there is a specific deadline for updating residence information to be reflected in a patent application publication:

For a patent application publication to be published with residence information that differs from that originally filed, the revised information must be entered into the Office electronic records at least nine weeks before the publication date of the application.

This nine-week deadline is crucial for ensuring that any changes to residence information are properly reflected in the published application.

To learn more:

Question 6

How does a preliminary amendment affect the patent application publication?

Accepted Answer

Preliminary amendments can affect the patent application publication, but their inclusion is not guaranteed. The MPEP advises, Filing a preliminary amendment is not recommended because the changes made by the preliminary amendment may not be reflected in the patent application publication even if the preliminary amendment is referred to in an oath or declaration. It further explains, If there is insufficient time to have the preliminary amendment be entered into the Office file wrapper of the application before technical preparations for publication of the application have begun, the preliminary amendment will not be reflected in the patent application publication. Typically, technical preparations begin four months prior to the projected publication date. To ensure desired changes are included in the publication, applicants are encouraged to incorporate amendments into the original application text rather than filing them as preliminary amendments.

To learn more:

Question 7

Does restricting inventor access to a patent application continue after the application publishes?

Accepted Answer

No, once a patent application publishes under 35 U.S.C. 122(b), it becomes available to the public. At that point, any previous grant restricting the inventor's access to the application file is no longer in effect.

Of course, after the application has published pursuant to 35 U.S.C. 122(b), the application will be available to the public and any restriction on the inventor to access his or her application previously granted will no longer be in effect.

Patent Law FAQ

Here’s the complete FAQ:

MPEP 101-General (2)

When are patent applications published?

When are patent applications published by the USPTO?

MPEP 106-Control of Inspection by Assignee (1)

Does restricting inventor access to a patent application continue after the application publishes?

Patent Law (3)

When are patent applications published?

When are patent applications published by the USPTO?

Does restricting inventor access to a patent application continue after the application publishes?

Patent Procedure (2)

When are patent applications published?

When are patent applications published by the USPTO?