Everything You Need To Know About Patent Publications

The legal paraphernalia surrounding patents can be tough to comprehend. There are multiple jargon, procedures, criteria, etc., that a layman finds difficult to navigate through. Patent publications are one such phenomenon. They are an important component of the patent application process in the USA. Once a non-provisional patent application is filed, the publication is made by the USPTO within 18 months of its earliest effective priority date. Read on to know more about patent publications and why they are important.  

Identifying A Patent Publication 

The format for all patent publications in the United States begins with ‘US‘, followed by the year of publication, and then a six or seven-digit number which is unique to the application. As opposed to this, a granted US Utility patent will have ‘US’ followed directly by a 7-digit or 8-digit number.  

Example of a Patent Publication Number: US2021/0122675  
Example of a Patent Number: US98221098 

Patent Published vs Granted 

There are several reasons for an inventor to request a patent application to remain confidential:  

1. The inventor does not want competitors to be aware of their IP activity and decides to wait for the disclosure to happen once the patent has been granted.   
2. To keep all communications with the USPTO private.  
3. To avoid forming prior art in the USPTO database in case their application is rejected, and they want to file it again.  

If any of the above reasons apply to you, it makes sense to request for non-publication. But if you have any current or future plans to file a foreign application outside of the USA, then it is mandatory to publish the patent application.