What is a non-publication request?

A non-publication request is a legal request that is made to the United States Patent and Trademark Office (USPTO) in order to keep a patent application private. This request is often made when inventors want to protect their intellectual property by keeping it from the public view. This type of request is especially useful for inventors who are still in the development stages of a product and aren’t yet ready to share their invention with others. In the state of Colorado, the non-publication request is governed by Colorado state patent laws and the USPTO. If a patent applicant is successful in their request, their application and the details of their invention will remain confidential until a patent is granted or the request is withdrawn. The request typically lasts for 18 months and must be renewed for additional years if the applicant wishes to keep it confidential for a longer period of time. When submitting a non-publication request to the USPTO, the applicant must provide a list of countries where they wish for the application to remain confidential. The application must also include a statement declaring that the applicant is making the request in order to protect their intellectual property. The request must be submitted in writing and must include a fee in order to be processed. Overall, a non-publication request is an important tool for inventors who are looking to keep their invention a secret until a patent has been granted. It is important to note that if the USPTO declines the request, the patent application will become public.

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