What is a redacted publication request for patent applications?
A redacted publication request allows applicants who have filed applications in foreign countries to submit a redacted copy of their U.S. patent application for publication. This redacted copy eliminates any part or description of the invention that is not contained in the corresponding foreign applications. According to MPEP 1132, “If an applicant has filed applications…
Read MoreWhat are the requirements for filing a redacted publication request?
To file a redacted publication request, applicants must meet several requirements as outlined in MPEP 1132 and 37 CFR 1.217: Submit a redacted copy of the application via the USPTO’s electronic filing system within 16 months of the earliest filing date for which a benefit is sought. Provide a certified copy of each corresponding foreign-filed…
Read MoreHow does a redacted publication affect provisional rights under 35 U.S.C. 154(d)?
A redacted publication can impact an applicant’s ability to claim provisional rights under 35 U.S.C. 154(d). According to MPEP 1132: “The provisions of section 154(d) shall not apply to a claim if the description of the invention published in the redacted application filed under this clause with respect to the claim does not enable a…
Read MoreCan the public access the full, unredacted version of a patent application after a redacted publication?
Generally, the public can request access to the complete file wrapper of a published application. However, if a redacted copy was submitted for publication, the USPTO has provisions to maintain the confidentiality of the redacted information. According to MPEP 1132: “The Office will provide a copy of the complete file wrapper and contents of an…
Read MoreWhat happens if I miss the deadline for filing a redacted publication request?
If you miss the 16-month deadline for filing a redacted publication request, the USPTO will proceed with publishing the full, unredacted version of your patent application. As stated in MPEP 1132: “The Office will publish the application as provided in § 1.215(a) unless the applicant files a redacted copy of the application in compliance with…
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