What are the requirements for an application to be published under the 18-month rule?
For an application to be published under the 18-month rule, it must meet certain requirements as outlined in 37 CFR 1.211(c). The application must include:
- The basic filing fee
- An English translation (if the application is in a language other than English)
The Office may delay publication until the application includes:
- Any required application size fee
- A specification in compliance with 37 CFR 1.52
- An abstract in compliance with 37 CFR 1.72(b)
- Drawings (if any) in compliance with 37 CFR 1.84
- A “Sequence Listing” or “Sequence Listing XML” (if applicable)
- An oath or declaration or an application data sheet containing the information specified in 37 CFR 1.63(b)
The MPEP states: “If an application does not contain the content specified in 37 CFR 1.211(c) and papers or drawings of sufficient quality to create a patent application publication by eighteen months from the earliest filing date for which benefit is claimed, the Office will publish the application as soon as practical after these deficiencies are corrected.”
Applicants should ensure their applications are complete to avoid publication delays.
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