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Question:
Identify two types of applications that are excluded from publication.
Answer:
An application shall not be published if it is:
- (A) no longer pending;
- (B) subject to a secrecy order, that is, publication or disclosure of the application would be detrimental to national security;
- (C) a provisional application;
- (D) an application for a design patent;
- (E) an application for an International design application; or
- (F) a reissue application.
Chapter Details:
The answer to this question can be found in chapter 900 of the MPEP. This chapter covers Prior Art, Search, Classification, and Routing.
The answer is from the 9th Edition, Revision 01.2024, published November 2024. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
Section Summary:
This question and answer come from section 901.03 of the MPEP. The following is a brief summary of section 901.03.
901.03 Pending Applications
This section covers pending applications as prior art. Generally, pending, unpublished U.S. applications are not available as prior art references. Further details on pending applications are covered here.