What is the difference between a Defensive Publication and a patent application publication?
A Defensive Publication is distinct from a patent application publication in several ways: It is not a patent or an application publication under 35 U.S.C. 122(b). It is considered a publication for prior art purposes. It becomes prior art only as of its publication date. The applicant waives rights to an enforceable patent when opting…
Read MoreWhat 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…
Read MoreWhen do materials submitted under MPEP § 724.02 become publicly available?
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…
Read MoreHow does a preliminary amendment affect the patent application publication?
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…
Read MoreDoes restricting inventor access to a patent application continue after the application publishes?
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 At that point, any previous grant restricting the inventor’s access to the application file is no longer in effect.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…
Read MoreWhen are patent applications published by the USPTO?
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…
Read MoreWhen are patent applications published?
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…
Read More