Publication Of Patent Applications - Pi Patent Exam Prep

Front 1

When are patent applications usually published?

Back 1

18 months after earliest claimed filing date.

Front 2

What applications may be subject to publication?

Back 2

1. New, continuing, or PCT Utility and Plant Applications filed on or after 11/29/00,
2. Applications filed before 11/29/00 and voluntarily published.

Front 3

Exceptions to 18-month publication:

Back 3

1. Applications no longer pending (e.g. abandoned),
2. Applications that are under a secrecy order or detrimental to national security,
3. Provisional applications,
4. Design applications,
5. Reissue applications,
6. Applications filed with a request for nonpublication and a certification of no foreign filings.

Front 4

Requirements for a nonpublication request:

Back 4

1. A conspicuously marked, signed request for nonpublication submitted with the application at filing,
2. A certification that a corresponding application has not been - and will not be - filed in any publishing country.

Front 5

When may a nonpublication request be rescinded?

Back 5

Anytime.

Front 6

Avoiding publication after missing the nonpublication request at filing:

Back 6

1. File a continuation and abandon the parent,

2. Convert to a provisional application and timely file a nonprovisional claiming the benefit of the filling date of the converted app.

Front 7

Time period for notifying USPTO of foreign filing of a nonpublication request?

Back 7

Within 45 days of foreign filing.

Front 8

What happens if there is a subsequent foreign filing of a nonpublication request and no notice to USPTO is given?

Back 8

Application goes abandoned within 45 days of foreign filing.

Front 9

What is published in an application?

Back 9

Files of published applications (abandoned, pending, and issued) are available to the public.

Copies of all papers in file wrapper may be obtained for a fee.

Front 10

What are the requirements for redacted publications?

Back 10

Within 16 months of earliest effective filing date sought (certificate of mailing or transmission may not be used);
1. The redacted copy is compatible in an electronic form with the office EFS requirements,
2. A certified copy of each corresponding foreign apps,
3. A translation of each foreign not in English,
4. A marked up copy of US application showing the redaction in brackets,
5. A certification that the redaction eliminates disclosure only in the US app.

Front 11

Requirements to redact file wrapper:

Back 11

1. The redacted copy, certified copies, translations, marked-up copy and certification that must be filed to have the publication itself redacted.
2. Two copies of past correspondence with the Office, one with redactions desired, the other showing the redactions in brackets.
3. Within one month of subsequent correspondence, two copies of such correspondence, one with redactions desired, the second showing redactions in brackets.
4. The processing fee and certification that the redactions are limited to material relevant only to disclosure not contained in the redacted copy submitted for publication.
5. Certificate of mailing or transmission not applicable. Submissions must be received by the USPTO within the time limits specified.