37 CFR 1.211 — Publication of applications
Ninth Edition, Revision 01.2024
- (a) Each U.S. national application for patent
filed in the Office under
35 U.S.C.
111(a)
and each international application in
compliance with
35 U.S.C. 371
will be published promptly after the expiration of a period of
eighteen months from the earliest filing date for which a benefit
is sought under title 35, United States Code, unless:
- (1) The application is recognized by the Office as no longer pending;
- (2) The application is national security classified (see § 5.2(c) ), subject to a secrecy order under 35 U.S.C. 181 , or under national security review;
- (3) The application has issued as a patent in sufficient time to be removed from the publication process; or
- (4) The application was filed with a nonpublication request in compliance with § 1.213(a) .
- (b) Provisional applications under 35 U.S.C. 111(b) shall not be published, and design applications under 35 U.S.C. chapter 16, international design applications under 35 U.S.C. chapter 38, and reissue applications under 35 U.S.C. chapter 25 shall not be published under this section.
- (c) An application filed under 35 U.S.C. 111(a) will not be published until it includes the basic filing fee (§ 1.16(a) or § (c) ) and any English translation required by § 1.52(d) . The Office may delay publishing any application until it includes any application size fee required by the Office under § 1.16(s) or § 1.492(j) , a specification having papers in compliance with § 1.52 and an abstract (§ 1.72(b) ), drawings in compliance with § 1.84 , a “Sequence Listing” in compliance with §§ 1.821 through 1.825 (if applicable) for an application filed before July 1, 2022, a “Sequence Listing XML” in compliance with §§ 1.831 through 1.835 (if applicable) for an application filed on or after July 1, 2022, and the inventor’s oath or declaration or application data sheet containing the information specified in § 1.63(b) .
- (d) The Office may refuse to publish an application, or to include a portion of an application in the patent application publication (§ 1.215 ), if publication of the application or portion thereof would violate Federal or state law, or if the application or portion thereof contains offensive or disparaging material.
- (e) The publication fee set forth in § 1.18(d) must be paid in each application published under this section before the patent will be granted. If an application is subject to publication under this section, the sum specified in the notice of allowance under § 1.311 will also include the publication fee which must be paid within three months from the date of mailing of the notice of allowance to avoid abandonment of the application. This three-month period is not extendable. If the application is not published under this section, the publication fee (if paid) will be refunded.
[Added, 65 FR 57024, Sept. 20, 2000, effective Nov. 29, 2000; para. (c) revised, 70 FR 3880, Jan. 27, 2005, effective Dec. 8, 2004; para. (c) revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012; para. (b) revised, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015; para. (c) revised, 87 FR 30806, May 20, 2022, effective July 1, 2022]
Cited authority
- 35 U.S.C. 111 (pre-AIA) Application
- 35 U.S.C. 371 National stage: Commencement
- 37 CFR 5.2 Secrecy order
- 35 U.S.C. 181 Secrecy of certain inventions and withholding of patent
- 37 CFR 1.213 Nonpublication request
- 35 U.S.C. 111 Application
- 37 CFR 1.16 National application filing, search, and examination fees
- 37 CFR 1.52 Language, paper, writing, margins, read-only optical disc specifications
- 37 CFR 1.492 National stage fees
- 37 CFR 1.72 Title and abstract
- 37 CFR 1.84 Standards for drawings
- 37 CFR 1.821 Nucleotide and/or amino acid sequence disclosures in patent applications
- 37 CFR 1.825 Amendments to add or replace a “Sequence Listing” and CRF copy thereof
- 37 CFR 1.831 Requirements for patent applications filed on or after July 1, 2022, having nucleotide and/or amino acid sequence disclosures
- 37 CFR 1.835 Amendment to add or replace a “Sequence Listing XML” in patent applications filed on or after July 1, 2022
- 37 CFR 1.63 Inventor’s oath or declaration
- 37 CFR 1.215 (pre-AIA) Patent application publication
- 37 CFR 1.18 Patent post allowance (including issue) fees
- 37 CFR 1.311 Notice of Allowance
Cited by
- 103 Right of Public To Inspect Patent Files and Some Application Files
- 1120 Eighteen-Month Publication of Patent Applications
- 1121 Content of a Patent Application Publication
- 1122 Requests for Nonpublication
- 1125 Express Abandonment to Avoid Publication
- 1129 Request for Early Publication
- 1130 Republication and Correction of Patent Application Publications
- 1133 Voluntary Publication
- 1134.01 Third Party Submissions Under 37 CFR 1.290
- 120 Secrecy Orders
- 1213.03 Publication of and Public Access to Board Decision
- 1303 Notice of Allowance
- 1441.01 Protest and Pre-issuance Submission in Reissue Applications
- 1893.01(a)(1) Submissions Required by 30 Months from the Priority Date
- 1901 Protest Under 37 CFR 1.291
- 1901.04 When Can the Protest Be Submitted
- 1901.06 Office Treatment of Protest
- 502.05 Correspondence Transmitted by EFS-Web
- 709 Suspension of Action
- 711 Abandonment of Patent Application
- 711.01 Express or Formal Abandonment
- 37 CFR 1.103 Suspension of action by the Office
- 37 CFR 1.138 Express abandonment
- 37 CFR 1.213 Nonpublication request
- 37 CFR 1.219 Early publication
- 37 CFR 1.221 Voluntary publication or republication of patent application publication
- 37 CFR 1.290 Submissions by third parties in applications
- 37 CFR 1.291 Protests by the public against pending applications
- 37 CFR 1.495 Entering the national stage in the United States of America
- 37 CFR 5.1 Applications and correspondence involving national security
- 37 CFR 41.6 Public availability of Board records
- 37 CFR 42.412 Public availability of Board records