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   When is a patent application posted for public vie
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   Author  Topic: When is a patent application posted for public vie  (Read 2999 times)
rocket136
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When is a patent application posted for public vie
« on: Oct 31st, 2007, 11:57am »
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I'm trying to find an application made by a competitor in a specific time frame in the middle of 07. Is there a time lag as to when it will be posted for view and public comment by the USPTO on its website? A provisional was set to expire around this time.
« Last Edit: Oct 31st, 2007, 11:58am by rocket136 » IP Logged
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Re: When is a patent application posted for public
« Reply #1 on: Oct 31st, 2007, 2:20pm »
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on Oct 31st, 2007, 11:57am, rocket136 wrote:
I'm trying to find an application made by a competitor in a specific time frame in the middle of 07. Is there a time lag as to when it will be posted for view and public comment by the USPTO on its website? A provisional was set to expire around this time.

Assuming there is no nonpublication request, the application is published 18 months after the effective filing date.  If there is a non-publication request, then the application will not be published until it issues, if at all.  Provisional applications are not published.
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rocket136
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Re: When is a patent application posted for public
« Reply #2 on: Oct 31st, 2007, 3:53pm »
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what would constitute a non publication request? If there is one how would you go about reftuing the application? I have reason to believe there is some "stinkyness"
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pentazole
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Re: When is a patent application posted for public
« Reply #3 on: Oct 31st, 2007, 7:21pm »
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35 USC 122(b)(2)(B)(i):
 
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 as provided in paragraph (1).
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Re: When is a patent application posted for public
« Reply #4 on: Oct 31st, 2007, 7:47pm »
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on Oct 31st, 2007, 3:53pm, rocket136 wrote:
what would constitute a non publication request? If there is one how would you go about reftuing the application? I have reason to believe there is some "stinkyness"

Until a patent is issued with claims, what exactly would you be refuting?  Why the rush to see the application?
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