When are patent applications published by the USPTO?
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 by the USPTO 18 months after the earliest filing date for which a benefit is sought. This is specified in 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.
There are some exceptions to this rule, such as applications that are no longer pending or are subject to a secrecy order. Applicants can also request early publication or non-publication under certain conditions.