Eighteen-Month Publication

• Exceptions to eighteen-month publication:

• An applicant may request that an application not be published if

  • the applicant certifies that invention has not been and will not be the subject of an application filed in another country (or under international agreement) that requires eighteen-month publication

• The request must be made upon filing (required by statute)

• The request must be conspicuous

• See PTO form PTO/SB/35

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