What is voluntary publication of a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 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. Voluntary publication is a process where an applicant can request the USPTO to publish a utility or plant application that was filed before November 29, 2000, under 35 U.S.C. 122(b) . This option is available because applications filed before this date were not automatically published under the new law. As stated in MPEP 1133 : “ Utility and plant applications filed before November 29, 2000 will not be published under 35 U.S.C. 122(b). If an applicant wishes the Office to publish a utility or plant application filed before November 29, 2000 under 35 U.S.C. 122(b), applicant may file a request for voluntary publication under 37 CFR 1.221. “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Request for Voluntary Publication of Pre-November 2000 Applications MPEP 1133 Required Utility and Plant Applications No Longer Published via CPA After July 14, 2003 MPEP 1120 Utility and Plant Applications Published After Eighteen Months MPEP 1120 Processing Fee for Voluntary Publication MPEP 1133 Publication of National Stage Applications Filed After November 29, 2000 MPEP 1120 Nonpublication Request for Application MPEP 1120 Request for Continued Examination Does Not Cause Publication MPEP 1120 Application May Not Be Published After Abandonment MPEP 1133 Prohibited Proper CPA for Utility or Plant Patent Published on First Prior Application Date MPEP 1120 Publication of Patent Applications After Eighteen Months MPEP 1120 Other Related FAQs 5 FAQs Collapse Can abandoned applications be voluntarily published? What happens if a voluntary publication request doesn&#8217;t meet the requirements? How does the Electronic Filing System (EFS) affect voluntary publication requests? What ...