SolarWindow Technologies, Inc. (WNDW)

[TRUISM]

3. WHEN PUBLICATION IS DISCRETIONARY-[PATENTS]

If the invention disclosed in the patent application has not been and will not be the subject of an application filed in a foreign country or a multilateral international agreement (e.g. PCT), then the patent applicant has the choice of either having their patent application published or not published. If the patent applicant does not want their patent application published, they must affirmatively make the request with the filing of the U.S. patent application by including a Nonpublication Request (see discussion below).


C. Reasons Not to Publish Your Patent Application

Generally speaking, inventors seeking to license their patent rights typically want a patent application to remain confidential unless they intend to file in a foreign country. Below are some typical reasons to have a patent application remain nonpublished:

Confidentiality of Invention. By not publishing your patent application, the invention disclosed in the patent application will remain confidential until at least a patent is granted. If you do not anticipate public usage or disclosure of your invention within 18-months after filing your patent application, this can prevent competitors from seeing your technology. Also, if you abandon your patent application, a competitor will not be able to see your technology filed with the USPTO.
Confidentiality of Patent Documents. When a patent application is not published, all communications to and from the U.S. Patent Office remain confidential to all third-parties until a patent is granted.
Loss of Trade Secrets. If your patent application includes any trade secrets, the trade secrets will remain protected by not publishing the patent application (if the application is published or granted as a patent, any trade secrets in the patent application are automatically lost).
Confidentiality of Application Status. If your patent application is not published, no third-party will be able to determine the status of your patent application.
No Prior Art. If you abandon this patent application and it is not published, the patent application cannot be used as prior art by the U.S. Patent Office to reject a later filed patent application by you for a related invention.
Can Rescind Later. You can always rescind a non-publication request after the application is filed (note, you cannot file a non-publication request after a patent application is filed).


D. Nonpublication Requests

1. Include a Nonpublication Request with Patent Application

To prevent publication of a U.S. patent application, you will need to file a Nonpublication Request contemporaneously with your patent application. You cannot file this Nonpublication Request after the patent application has been filed. Hence, if you fail to include a Nonpublication Request with your patent application filed with the U.S. Patent Office, your patent application will be published after 18-months from the earliest effective priority date unless you expressly abandon the patent application prior to publication.


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The technology is the subject of 42 patent filings, and researchers are on track to advance SolarWindow™ towards full-scale commercial manufacturability – a near-term goal.

This could be the reason patents aren't made publicly available.





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