What is a non-publication request?

A non-publication request is a request made by an applicant to the United States Patent and Trademark Office (USPTO) for a patent application to remain unpublished. In other words, the applicant wants to keep the patent application a secret, preventing the public from viewing it. Non-publication requests are available in Florida in accordance with the USPTO’s rules. The primary purpose of the non-publication request is to maintain the applicant’s intellectual property rights while they are still in the application process. By keeping the patent application a secret, the applicant ensures that no one else can legally use or profit from their invention or creation until it has been issued a patent. Non-publication requests are also available to applicants who feel their invention or creation is not eligible for patent protection. In this case, making the patent application a secret will protect the invention or creation until the applicant determines its eligibility or decides to pursue a patent. In order to make a non-publication request, applicants should provide the USPTO with a non-publication request form in accordance with the USPTO’s rules and regulations. This form must be filed with the USPTO before the patent application is published. Once approved, the patent application will remain a secret for up to 18 months until it is issued a patent or the applicant withdraws the non-publication request.

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