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Publication:
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Nonprovisional utility and plant applications filed on or after November 29, 2000 are published promptly after the expiration of 18-months from the earliest filing date for which benefit is sought.
- Nonprovisional applications entering the national stage from an international application filed on or after November 29, 2000 will also be published.
- This is regardless of whether the international application was published by the International Bureau under PCT Article 21 in English.
The following applications will not be published:
- Provisionals
- Designs
- Reissues
Exceptions to publication include when:
- The application is recognized by the Office as not pending.
- Its status has been changed to abandoned by the Office and has been removed from the publication process.
- The application is under a secrecy order.
- The application has already issued in sufficient time for it to be removed from the publication process.
- However, the Office will not stop with the publication process until a patent actually issues.
- The application was filed with a nonpublication request.
A rescission of a nonpublication request will never receive the benefit of a certificate of mailing or transmission.
- The USPTO will use the actual date of receipt at the Office.
