MPEP § 1133 — MPEP § 1133
Current through: 2022-07-01

1133-Voluntary Publication 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 1100 

 Section 1133 
 

 
 
 
 
 
 1133 Voluntary Publication [R-01.2024]

 
 37 CFR 1.221 Voluntary publication or republication of patent application
 publication. 

 
 (a) Any request for publication of an application filed before, but
 pending on, November 29, 2000, and any request for republication of an application
 previously published under § 1.211 , must include a copy
 of the application in compliance with the USPTO patent electronic filing system
 requirements and be accompanied by the publication fee set forth in
 §
 1.18(d) and the processing fee set forth in
 § 1.17(i) . If the request does not comply with the
 requirements of this paragraph or the copy of the application does not comply with
 the USPTO patent electronic filing system requirements, the Office will not
 publish the application and will refund the publication fee. 
 

 
 *****

 

 Utility and plant applications filed before November 29, 2000 will not be
 published under 35 U.S.C.
 122(b) . If an applicant wishes the Office to publish a utility or
 plant application filed before November 29, 2000 under 35 U.S.C. 122(b) , applicant may file a
 request for voluntary publication under 37 CFR 1.221 . The application must be
 pending and the request for voluntary publication must include: 
 

 
 (A) a copy of the application in compliance with the USPTO patent
 electronic filing system requirements, e.g., set forth in the Legal Framework for
 Patent Electronic System; 
 

 (B) the publication fee set forth in 37 CFR 1.18(d) ; and 
 

 (C) the processing fee set forth in 37 CFR
 1.17(i) . 
 

 
 If the applicant submits a request that does not meet the USPTO patent
 electronic filing system requirements, the request will be dismissed. Since the Office does
 not intend to publish abandoned applications, applications that are recognized 
 by the Office as abandoned will not be published. Thus, if applicant submits a request for
 a voluntary publication of an application, but the application is later abandoned before
 the application publishes, the application may not be published even if the Office has
 accepted the request.
 

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 1101-Request for Statutory Invention Registration (SIR) 

 1102-1110-[Reserved] 

 1111-SIR Publication and Effect 

 1112-1119-[Reserved] 

 1120-Eighteen-Month Publication of Patent Applications 

 1121-Content of a Patent Application Publication 

 1122-Requests for Nonpublication 

 1123-Rescission of a Nonpublication Request 

 1124-Notice of Foreign Filing 

 1125-Express Abandonment to Avoid Publication 

 1126-Publication Fees 

 1127-Notice of Publication 

 1128-Availability of Published Applications 

 1129-Request for Early Publication 

 1130-Republication and Correction of Patent Application Publications 

 1131-[Reserved] 

 1132-Requests for Redacted Publication 

 1133-Voluntary Publication 

 1134-Third Party Inquiries and Correspondence in a Published Application 
 1134.01-Third Party Submissions Under 37 CFR 1.290 

 
 

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 Last Modified: 
 
 03/09/2026 20:49:24