What happens if I miss the deadline for filing a redacted publication request?
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.
If you miss the 16-month deadline for filing a redacted publication request, the USPTO will proceed with publishing the full, unredacted version of your patent application. As stated in MPEP 1132:
“The Office will publish the application as provided in § 1.215(a) unless the applicant files a redacted copy of the application in compliance with this section within sixteen months after the earliest filing date for which a benefit is sought under title 35, United States Code.”
It’s important to note that this deadline is statutory and cannot be waived. The MPEP explicitly 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.”