How to Publish a Patent Application
Technically, the person seeking a patent does not publish the patent. Instead, the PTO (short for the U.S. Patent and Trademark Office) publishes a patent after the PTO has approved the patent application. The PTO publishes a description of the patent, as approved by the PTO, in a weekly Internet publication called the Official Gazette. The PTO then provides a short amount of time for readers to object to the patent. Assuming nobody objects, the applicant will finally receive the patent deed.
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Things You'll Need
- Complete patent application
- PTO approval of the patent application
- Patent examiner contact information
Instructions
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File a complete patent application with the PTO.
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Negotiate with the patent examiner, who is an employee of the PTO, regarding any necessary changes to your patent application.
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Contact the patent examiner assigned to your patent application and ask what you can do to prepare the patent for publication.
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Work with the patent examiner to prepare a brief description of your patent application.
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Follow through with the patent examiner to ensure the examiner publishes your approved patent in a timely manner.
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Tips & Warnings
From a legal perspective, short of filing a lawsuit, there is little you can do to require the PTO or the assigned patent examiner to publish your patent application in a timely manner. However, as a practical matter, patent examiners are just people who are likely overworked and underpaid. If you volunteer to provide assistance preparing paperwork, and you stay in constant communication with your patent examiner, you can help push the process along.
Don't get aggressive or visibly upset with your patent examiner. Your best option is to keep all communication encouraging, friendly and helpful. If you create a personal rift between you and your patent examiner, you could face a long road ahead before your application ever gets approved and, therefore, published.
