What is pre-grant publication USPTO?

Pre-Grant publications are Patent Application Publications and Plant Patent Application Publications published beginning March 15, 2001. Pre-Grant Authority file contains only Pre-Grant publications. Patent Grant Authority file contains all published USPTO patent documents, except for Pre-Grant Publications.

What does pre-Grant publication mean?

Pre-grant publication is a rather recent practice in the annals of world patent law, originally intended to alleviate the potential public harm of the then newly introduced practice of deferring examination up to 7 years.

How do I request an early publication on USPTO?

If an applicant wishes to have an application published earlier than the date that is eighteen months after the earliest filing date for which benefit is claimed, applicant may submit a request in compliance with 37 CFR 1.219 and the publication fee set forth in 37 CFR 1.18(d).

Do provisional applications get published?

Provisional patent applications are not published since they are not examined and they are only pending at the U.S. Patent Office for 12-months. After 12-months, a provisional patent application automatically becomes abandoned and therefore will never be published.

Where can I find patent documents?

Patents may be searched using the following resources:

  • Patent Public Search.
  • USPTO Patent Full-Text and Image Database (PatFT)
  • USPTO Patent Application Full-Text and Image Database (AppFT)
  • Global Dossier.
  • Patent Application Information Retrieval (PAIR)
  • Public Search Facility.
  • Patent and Trademark Resource Centers (PTRCs)

Where is the legal section of a patent?

It is located at the back of the patent document. It usually starts with a phrase “I Claim,” “We Claim” or “What is claimed is.” The claim set must particularly point out and distinctly claim the subject matter which the inventor regards as his/her invention.

What type of form is required for request for early publication?

A request for early publication is possible by filing form-9 and paying the prescribed fee of Rs. 2,500 for a natural person or Rs. 10,000 for other than a natural person. When a request is made, the application gets published within a month from the date of the request.

Which form can be used for requesting early publication of a patent Form 1?

An applicant may file request for early publication using Form 9 and submit it to IPO for publication (Section 11A(2)). Such patent applications would be published within 1 month from the date of making such request for early publication (Rule 24A).

How long before patent applications are published?

18 months
Patent applications are generally published 18 months after the earliest priority date of the application. Prior to that publication the application is confidential to the patent office.

How long after publication is a patent issued?

Utility and reissue patents are issued within about four weeks after the issue fee and any required publication fee are received in the Office. A patent number and issue date will be assigned to an application and an Issue Notification will be mailed after the issue fee has been paid and processed by the USPTO.

What is early publication of patent?

Early publication basically stands for making a patent public before the time of its normal publication. This could be of help, when one is planning to sell or license the patent or seek investor and related advantages.

Is a published patent granted?

Published Patents Just because a patent application is published, it won’t always be granted. Patent applications are published in order to make the public sphere aware of what is seeking patent protection. This means that, if the patent isn’t actually granted to the work, the public can learn from the work anyway.