I want to participate in the pilot. How do I file a request for early Pre-Grant Publication for an application previously filed or filed during the pilot period?


Application Previously Filed and Expected to Publish During Pilot.

Applications previously filed and having an expected date of Pre-Grant Publication during the pilot period are eligible for participation. For example, an application previously filed during the month of December 2005, and filed with no benefit claim under 35 U.S.C. 120 has a projected Pre-Grant Publication date sometime during the month of June 2007. In this situation, Applicant may volunteer for inclusion in the pilot. Provided the application is assigned to TC 2100 or Business Methods, Class 705 and was not filed under Accelerated Examination, and provided the Peer-to-Patent website has sufficient capacity for posting and evaluation of the application, the Office would accept the application for participation in the pilot.

Application Requires Request for Early Pre-Grant Publication so as to Publish During Pilot.

Applications either previously filed or filed during the pilot period which do not have a projected Pre-Grant Publication date during the pilot may become eligible for participation provided Applicant files a Request for Early Pre-Grant Publication (or voluntary Pre-Grant Publication, if the application was filed prior to 11/29/2000) so as to induce Pre-Grant Publication during the pilot period. For example, Applicant might file an application during the month of July 2007, along with the filing of a Request for Early Pre-Grant Publication. This application would have a projected date of Pre-Grant Publication sometime during the month of November 2007. In this situation, Applicant may volunteer for inclusion in the pilot. Provided the application is assigned to TC 2100 or Business Methods, Class 705 and was not filed under Accelerated Examination, and provided the Peer-to-Patent website has sufficient capacity for posting and evaluation of the application, the Office would accept the application for participation in the pilot.

Instructions on How to File a Request for Early Pre-Grant Publication For Peer Reviewed Prior Art Pilot

Applicant may request early Pre-Grant Publication of an application with a letter requesting early Pre-Grant Publication (e.g., there is a no form for an early Pre-Grant Publication request). The request must include the Pre-Grant Publication fee set forth in 37 CFR 1.18(d) (currently $300). Note that if early Pre-Grant Publication is requested, and the Pre-Grant Publication fee paid, applicant will not be required to pay the Pre-Grant Publication fee at allowance. No consideration will be given to requests for Pre-Grant Publication on a certain date. Such requests will be treated as a request for Pre-Grant Publication as soon as possible. The Pre-Grant Publication cycle takes approximately 14 - 16 weeks and does not begin until the application is complete and ready for Pre-Grant Publication (e.g., an executed declaration has been filed and the filing fee has been paid).

The request for pre-grant publication of an application for the Peer Reviewed Prior Art Pilot must be addressed to:
Mail Stop PGPUB
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450

All other submissions pertaining to Peer Reviewed Prior Art Pilot must be addressed to:
Mail Stop Peer Pilot
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450

Application Previously Published.

An application previously published is ineligible for the pilot unless the application was published within one month of the start of the pilot program, because the Office must receive the submission by the Peer to Patent coordinators within eighteen (18) weeks of the application's date of Pre-Grant Publication.


USPTO FAQ - Questions and Answers (04AUG2008)