What Is a Patent Publication?

Patent publication gives public access to the content of the patent application.

The American Inventors Protection Act of 1999 made it a law that the U.S. Patent and Trade Office, or USPTO, release the content of patent applications to the public 18 months after the filing.Until then, the patent description remains confidential. As a result, patent publication frequently precedes the issuance of the patent. During this time, the patent, which may not have been approved, can be reviewed by companies interested in licensing it.

Justification

Patent publication provides transparency and protects against fraudulent claims about the patent content.

The American Inventors Protection Act creates a legal shield for inventors, protecting them from fraudulent or erroneous marketing stories by invention promoters about any intellectual property associated with that patent. In addition to performance and background information about the promoters, the act demands the USPTO publish the patent application to bring clarity to the public and potential licensees. This transparency about the patent claims and its value to potential licensees reduces the amount of litigation about patent content and value.

Prior Art

Patent publication turns the application into prior art.

The publication moves the document from secrecy to the public eye, formally positioning the document as prior art for any other patent applications in the world. If someone else files a patent that discloses similar concepts, the patent examiner cites this prior art as a condition for declining patent rights to the second party.

Financial Returns

After publication, the inventor is granted permission to seek and receive royalty payments before the patent is issued.

The patent publication grants inventors some provisional rights to financial returns, such as royalties from the revenue accumulated by others who are making, using or selling products based on the invention.

Exceptions

There are few exceptions to the patent publication requirement.

This law applies only to patents filed after Nov. 29, 2000. Inventions covering matters classified for national security remain confidential and benefit from a publication waiver. In addition, an applicant is granted the privilege to request the application not be published at the 18-month mark. However, the applicant must certify that no foreign country application will be filed.

Deviation

An inventor can change his mind, but must proceed promptly.

An inventor who requests to withhold the publication can have a change of mind and file outside the United States, but must alert the USPTO within 45 days after the foreign filing. Failure to comply with this rule results in the USPTO abandoning the patent.

References

• U.S. Patent and Trademark Office: American Inventor's Protection Act of 1999
• U.S. Patent and Trademark Office: 1120 18-Month Publication of Patent Applications [R-5] - 1100 Statutory Invention Registration (SIR) and Pre-Grant Publication
• U.S. Federal Trade Commission: Invention Promotion Firms

Resources

• "Legal Aspects of Managing Technology"; Lee B. Burgunder; 2010