How 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 person skilled in the art to make and use the subject matter of the claim.”
This means that if the redacted publication doesn’t provide sufficient information to enable a person skilled in the art to make and use the invention as claimed, the applicant may not be able to claim provisional rights for that specific claim. It’s crucial for applicants to carefully consider the content of their redacted applications to balance the desire for limited disclosure with the potential benefits of provisional rights.
To learn more: