Publications & Presentations
June 23, 2021

The pros and cons of non-publication requests

Author, IAM

Some patent applicants before the USPTO prefer that their inventions remain private for as long as possible. The USPTO offers an option wherein an applicant can avoid having their application published until it is issued under the condition that it does not file an application with the same subject matter as one filed in another country or under a multilateral international agreement that requires publication. However, filing a patent application with a non-publication request can increase the risk of unintentional abandonment of an application, among other consequences.