What are the requirements for filing a redacted publication request?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
To file a redacted publication request, applicants must meet several requirements as outlined in MPEP 1132 and 37 CFR 1.217:
- Submit a redacted copy of the application via the USPTO’s electronic filing system within 16 months of the earliest filing date for which a benefit is sought.
- Provide a certified copy of each corresponding foreign-filed application.
- Include translations of foreign-filed applications not in English, with a statement of accuracy.
- Submit a marked-up copy of the application showing redactions in brackets.
- Certify that the redacted copy eliminates only content not contained in corresponding foreign applications.
The MPEP states: “The 16-month period is provided by statute (35 U.S.C. 122(b)(2)(B)(v)), and as such, requests for waiver of this 16-month period will be denied.”