What is a non-publication request?

A non-publication request is a type of request under patent law in Washington that keeps an invention from being published in patent databases. This means that the invention will not be available to the public or to any other potential patent applicants. The purpose of a non-publication request is to keep an invention confidential, potentially allowing an inventor to further develop an invention before getting a patent. In Washington, a written request for non-publication must be filed with the U.S. Patent and Trademark Office (USPTO) within 45 days of the invention’s patent application filing date. After the USPTO has received the request, it will no longer publish the patent application or any related information about the invention to its databases. The USPTO encourages inventors to be aware that a non-publication request does not grant actual patent protections or provide any rights to the invention. Filing a non-publication request only keeps the patent application from being available to the public, and does not prevent someone from filing a patent for the same invention. Additionally, once the patent application has been published, it cannot be removed from publication. Understanding and using non-publication requests in Washington is important for inventors to protect their invention’s confidential information. If an inventor fails to file a non-publication request within 45 days of patent application filing, they risk their invention’s information being released to the public.

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What is a non-publication request?

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