When are patent applications published?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 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. Patent applications are generally published 18 months after the earliest filing date, with some exceptions. According to 35 U.S.C. 122(b)(1)(A): “Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period.” Exceptions to publication include applications that are no longer pending, subject to a secrecy order, provisional applications, or design patent applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Application Must Be Published After 18 Months MPEP 101 Required Patent Application Publication Timing and Conditions MPEP 101 Required Patent Applications with National Security Concerns Must Not Be Published MPEP 101 Required Application Shall Not Be Published If MPEP 101 Prohibited Applicant Can Withdraw Patent Application Request At Any Time MPEP 101 Permitted Application Must Be Published After Rescission or Foreign Filing Notification MPEP 101 Required Access to Published Patent Application Files Is Allowed Upon Request MPEP 101 Required Patent Application Files Must Be Kept Confidential and Accessible MPEP 101 Recommended Confidentiality of Unpublished Patent Applications MPEP 101 Required Access to Published Abandoned Patent Application Files MPEP 101 Required Other Related FAQs 5 FAQs Collapse How does the USPTO handle telephone and in-person requests for patent application information? What are the penalties for unauthorized di...