What is voluntary publication of a patent application?
Voluntary publication is a process where an applicant can request the USPTO to publish a utility or plant application that was filed before November 29, 2000, under 35 U.S.C. 122(b). This option is available because applications filed before this date were not automatically published under the new law. As stated in MPEP 1133: “Utility and…
Read MoreWhat are the requirements for requesting voluntary publication?
To request voluntary publication of a patent application filed before November 29, 2000, applicants must meet specific requirements as outlined in MPEP 1133: The application must be pending A copy of the application must be submitted in compliance with the Office Electronic Filing System (EFS) requirements The publication fee set forth in 37 CFR 1.18(d)…
Read MoreHow does the Electronic Filing System (EFS) affect voluntary publication requests?
The Electronic Filing System (EFS) plays a crucial role in the voluntary publication process. All requests for voluntary publication must include a copy of the application that complies with the Office’s electronic filing system requirements. MPEP 1133 specifies that the request must include: “(A) a copy of the application in compliance with the Office Electronic…
Read MoreWhat happens if a voluntary publication request doesn’t meet the requirements?
If a request for voluntary publication does not meet the specified requirements, particularly the Electronic Filing System (EFS) requirements, the USPTO will not process the request and will refund the publication fee. MPEP 1133 states: “If the request does not comply with the requirements of this paragraph or the copy of the application does not…
Read MoreCan abandoned applications be voluntarily published?
No, abandoned applications are not eligible for voluntary publication. The USPTO does not intend to publish abandoned applications, even if a request for voluntary publication has been submitted and accepted. According to MPEP 1133: “Since the Office does not intend to publish abandoned applications, applications that are recognized by the Office as abandoned will not…
Read More