This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Yes, an applicant can prevent republication of a patent application under certain circumstances. The MPEP 1130 states:
“If an applicant does not wish to have an application republished, the applicant must submit a request to not republish the application. The applicant may submit this request at the time of filing the request for republication.”
To prevent republication, an applicant should:
- Submit a written request to not republish the application
- Provide this request along with any request for republication, if applicable
- Ensure the request clearly states the reasons for not wanting republication
It’s important to note that while an applicant can request to prevent republication, the USPTO may still republish if it determines that republication is necessary to correct a material error.