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What Is Publication?

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Question: What Is Publication?
Answer: Publication (making copies available to the public) of patent applications is required for most plant and utility patent applications. Publication of patent applications is one of the functions of the USPTO.

What If I Don't Want Publication

On filing of a plant or utility application, an applicant may request that the application not be published, but only if the invention has not been and will not be the subject of an application filed in a foreign country that requires publication 18 months after filing (or earlier claimed priority date) or under the Patent Cooperation Treaty (PCT).

When Does Publication Happen

Publication occurs after expiration of an 18-month period following the earliest effective filing date or priority date claimed by an application. Following publication, the application for patent is no longer held in confidence by the Office and any member of the public may request access to the entire file history of the application.

What Are The Benefits Of Publication For The Inventor?

As a result of publication, an applicant may assert provisional rights. These rights provide a patentee with the opportunity to obtain a reasonable royalty from a third party that infringes a published application claim provided actual notice is given to the third party by applicant, and a patent issues from the application with a substantially identical claim. Thus, damages for pre-patent grant infringement by another are now available.
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