How does the USPTO handle requests for republication of patent applications filed before November 29, 2000?
The USPTO has specific requirements for requests to publish applications filed before November 29, 2000, but pending on that date. According to 37 CFR 1.221(a):
“Any request for publication of an application filed before, but pending on, November 29, 2000, and any request for republication of an application previously published under § 1.211, must include a copy of the application in compliance with the Office electronic filing system requirements and be accompanied by the publication fee set forth in § 1.18(d) and the processing fee set forth in § 1.17(i).”
This means that to request publication or republication of such applications, applicants must:
- Submit a copy of the application that complies with the USPTO’s electronic filing system requirements
- Pay the required publication fee
- Pay the required processing fee
If these requirements are not met, the USPTO will not publish the application and will refund the publication fee.
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