What is a non-publication request?

A non-publication request is a legal tool used in Utah under patent law. It is a request to the U.S. Patent and Trademark Office (USPTO) to withhold public disclosure of the contents of the patent application. This request is convenient for patent applicants whose inventions are confidential or have yet to be made public. By preventing the publication of the filing information, the patent applicant has more control over who has access to their invention’s details. Additionally, filing a non-publication request can provide the patent applicant with a longer period for which to secure exclusive rights to the invention. To file a non-publication request, the patent applicant must first register with the USPTO and then file the request. The USPTO will then hold the patent application and associated papers for up to 18 months. In Utah, if the non-publication request is denied, the patent application will be published 18 months from the original filing date. Once granted, the non-publication request will remain in effect until the patent application is either approved or abandoned. In the event that the patent application is abandoned, the non-publication request is terminated and the patent filing information will be made available to the public after 18 months. In Utah, non-publication requests are useful for patent applicants wanting to keep the details of their invention confidential, and have more control over who can access their invention’s information.

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