Wednesday, August 20, 2014 1:56:47 PM
Received August 20, 2014:
"Mr. Conklin provided some additional general information regarding your comments on the IP.
With certain exceptions, a utility non-provisional patent application filed in the United States Patent and Trademark Office ordinarily is published within 18-months of the earliest effective priority date of the application. In some circumstances the Applicant has discretion as to whether the application is published, while in other circumstances the Applicant does not have discretion and publication either is required or prohibited by the U.S.P.T.O.
For example, in some instances, the U.S.P.T.O. requires publication of the application, such as when Applicant has filed or intends to file an application for the invention in a foreign country or an international application for the invention. In other instances, the U.S.P.T.O. prohibits publication or disclosure of the application, such as when an application is subject to a secrecy order. In still other instances, the U.S.P.T.O. shall not publish the application, such as when the application is a provisional patent application or a design patent application, when the application is no longer pending, when the application has issued as a patent in sufficient time to be removed from the publication process, or when the application was filed with a nonpublication request by Applicant.
The U.S.P.T.O. provides that, if an Applicant makes a request upon filing, certifying that the invention disclosed in the application has not and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications 18 months after filing, the application shall not be published. Additionally, in some instances and at the request of the Applicant, the U.S.P.T.O. may publish the application earlier than the end of the 18-month period."
TRUTH
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