What types of patent applications are exempt from 18-month publication?

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.

According to MPEP 1120, several types of patent applications are exempt from the 18-month publication rule. These include:

  • Provisional applications filed under 35 U.S.C. 111(b)
  • Design applications filed under 35 U.S.C. 171
  • International design applications filed under 35 U.S.C. 385
  • Reissue applications filed under 35 U.S.C. 251

Additionally, applications may not be published if they are:

  • No longer pending
  • Subject to a secrecy order under 35 U.S.C. 181
  • National security classified
  • Filed with a nonpublication request in compliance with 37 CFR 1.213(a)

These exceptions ensure that certain types of applications or those with specific security concerns are not automatically published.

Tags: 18-month publication exceptions, nonpublication request, patent application exemptions, Secrecy Order