What are the exceptions to the 18-month publication rule for patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. While the American Inventors Protection Act (AIPA) introduced the 18-month publication rule, there are several exceptions to this requirement. According to MPEP 901.03 , an application shall not be published if it falls under any of the following categories: (A) no longer pending; (B) subject to a secrecy order under 35 U.S.C. 181 ; (C) a provisional application filed under 35 U.S.C. 111(b) ; (D) an application for a design patent filed under 35 U.S.C. 171 ; (E) an application for an International design application filed under 35 U.S.C. 382 ; or (F) a reissue application filed under 35 U.S.C. 251 . Additionally, an application will not be published if the applicant submits a request for nonpublication at the time of filing. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Application Shall Not Be Published If MPEP 101 Prohibited Application Must Not Be Published If Requested at Filing MPEP 901.03 Prohibited Pending Applications May Be Published On Request MPEP 901.03 Permitted Patent Application Must Be Published After 18 Months MPEP 101 Required Exceptions to Patent Publication After November 29, 2000 MPEP 901.03 Required Patent Application Publication Timing and Conditions MPEP 101 Required Reissue Application Not Published MPEP 901.03 Confidentiality Requirement for Patent Applications MPEP 101 Confidential Copies Prohibited for Patent Applications MPEP 101 Recommended Applicant Can Withdraw Patent Application Request At Any Time MPEP 101 Permitted Other Related FAQs 5 FAQs Collapse How does the USPTO handle telephone and in-person requests for patent application information? What are the penalties for unauthorized disclosure of patent application information...