MPEP § 1132 — MPEP § 1132
Current through: 2022-07-01

1132-Requests for Redacted Publication 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 1100 

 Section 1132 
 

 
 
 
 
 
 1132 Requests for Redacted Publication [R-01.2024]

 
 35 U.S.C. 122 
 Confidential status of applications; publication of patent
 applications. 

 *****

 
 (b) PUBLICATION.— 
 
 *****

 (2) EXCEPTIONS.— 
 
 *****

 (B)
 
 *****

 (v) If an applicant has filed applications in one
 or more foreign countries, directly or through a multilateral
 international agreement, and such foreign filed applications
 corresponding to an application filed in the Patent and
 Trademark Office or the description of the invention in such
 foreign filed applications is less extensive than the
 application or description of the invention in the application
 filed in the Patent and Trademark Office, the applicant may
 submit a redacted copy of the application filed in the Patent
 and Trademark Office eliminating any part or description of the
 invention in such application that is not also contained in any
 of the corresponding applications filed in a foreign country.
 The Director may only publish the redacted copy of the
 application unless the redacted copy of the application is not
 received within 16 months after the earliest effective filing
 date for which a benefit is sought under this title. The
 provisions of section
 154(d) shall not apply to a claim if the
 description of the invention published in the redacted
 application filed under this clause with respect to the claim
 does not enable a person skilled in the art to make and use the
 subject matter of the claim.
 

 
 

 
 

 
 

 
 *****

 

 
 37 CFR 1.217 Publication of a redacted copy of an application 

 
 (a) If an applicant has filed applications in one or more foreign
 countries, directly or through a multilateral international agreement, and such
 foreign-filed applications or the description of the invention in such
 foreign-filed applications is less extensive than the application or description
 of the invention in the application filed in the Office, the applicant may submit
 a redacted copy of the application filed in the Office for publication,
 eliminating any part or description of the invention that is not also contained in
 any of the corresponding applications filed in a foreign country. The Office will
 publish the application as provided in § 1.215(a) unless the
 applicant files a redacted copy of the application in compliance with this section
 within sixteen months after the earliest filing date for which a benefit is sought
 under title 35, United States Code. 
 

 (b) The redacted copy of the application must be submitted in
 compliance with the USPTO patent electronic filing system requirements. The title
 of the invention in the redacted copy of the application must correspond to the
 title of the application at the time the redacted copy of the application is
 submitted to the Office. If the redacted copy of the application does not comply
 with the USPTO patent electronic filing system requirements, the Office will
 publish the application as provided in § 1.215(a) . 
 

 (c) The applicant must also concurrently submit in paper
 ( §
 1.52(a)) to be filed in the application: 
 
 (1) A certified copy of each foreign-filed application that
 corresponds to the application for which a redacted copy is submitted; 
 

 (2) A translation of each such foreign-filed application that
 is in a language other than English, and a statement that the translation is
 accurate; 
 

 (3) A marked-up copy of the application showing the redactions
 in brackets; and 
 

 (4) A certification that the redacted copy of the application
 eliminates only the part or description of the invention that is not
 contained in any application filed in a foreign country, directly or through
 a multilateral international agreement, that corresponds to the application
 filed in the Office. 
 

 
 

 (d) The Office will provide a copy of the complete file wrapper and
 contents of an application for which a redacted copy was submitted under this
 section to any person upon written request pursuant to § 1.14(c)(2) , unless applicant complies with the requirements
 of paragraphs (d)(1), (d)(2), and (d)(3) of this section. 
 
 (1) Applicant must accompany the submission required by
 paragraph (c) of this section with the following: 
 
 (i) A copy of any Office correspondence previously
 received by applicant including any desired redactions, and a second
 copy of all Office correspondence previously received by applicant
 showing the redacted material in brackets; and
 

 (ii) A copy of each submission previously filed by the
 applicant including any desired redactions, and a second copy of each
 submission previously filed by the applicant showing the redacted
 material in brackets. 
 

 
 

 (2) In addition to providing the submission required by
 paragraphs (c) and (d)(1) of this section, applicant must: 
 
 (i) Within one month of the date of mailing of any
 correspondence from the Office, file a copy of such Office
 correspondence including any desired redactions, and a second copy of
 such Office correspondence showing the redacted material in brackets;
 and 
 

 (ii) With each submission by the applicant, include a copy
 of such submission including any desired redactions, and a second copy
 of such submission showing the redacted material in brackets. 
 

 
 

 (3) Each submission under paragraph (d)(1) or (d)(2) of this
 paragraph must also be accompanied by the processing fee set forth in
 § 1.17(i) and a
 certification that the redactions are limited to the elimination of material
 that is relevant only to the part or description of the invention that was
 not contained in the redacted copy of the application submitted for
 publication. 
 

 
 

 (e) The provisions of § 1.8 do not apply to the time
 periods set forth in this section. 
 

 
 

 If an application filed in the USPTO and subject to publication under
 35 U.S.C.
 122(b) includes description that is more extensive than any
 previously filed corresponding foreign applications, applicant may request for redacted
 publication under 37 CFR
 1.217 , eliminating any part or description of the invention that is
 not also contained in any of the corresponding applications filed in a foreign country. The
 Office will publish the redacted (less extensive) copy of the application instead of the
 full description of the invention disclosed in the U.S. application (as provided in
 37 CFR
 1.215(a) ) if applicant timely files a request for redacted
 publication in compliance with 37 CFR 1.217 which requires the
 following: 
 

 
 (A) A redacted 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 within sixteen (16) months after the earliest filing
 date for which a benefit is sought under title 35, United States Code;
 

 (B) A certified copy of each foreign-filed application that corresponds
 to the U.S. application for which a redacted copy is submitted;
 

 (C) A translation of each such foreign-filed application that is in a
 language other than English, and a statement that the translation is accurate;
 

 (D) A marked-up copy of the application showing the redactions in
 brackets; and
 

 (E) A certification that the redacted copy of the application eliminates
 only the part or description of the invention that is not contained in any
 application filed in a foreign country, directly or through a multilateral
 international agreement, that corresponds to the application filed in the Office.
 

 
 Items (B) – (E) above must be submitted in paper (which includes
 submitting via the USPTO patent electronic filing system) concurrently with the USPTO
 patent electronic filing system submission of the redacted copy of the application.
 

 The 16-month period is provided by statute ( 35 U.S.C.
 122(b)(2)(B)(v) ), and as such, requests for waiver of this 16-month
 period will be denied. The title of the invention in the redacted copy of the application
 must correspond to the title of the application at the time the redacted copy of the
 application is submitted to the Office. If the redacted copy of the application does not
 comply with the USPTO patent electronic filing system requirements, the Office will publish
 the full description of the invention disclosed in the U.S. application as provided in
 37 CFR
 1.215(a) .
 

 Once an application has been published, a member of the public may request
 a copy of the complete file wrapper and contents of, or a copy of a specific paper in, the
 published application, provided that no redacted copy was timely submitted for publication.
 If a redacted copy of the application was used for publication, the copy of the
 specification, drawings, and papers may be limited to a redacted copy, provided that the
 applicant submits the following: 
 

 
 (A) A copy of any Office correspondence previously received by applicant
 including any desired redactions, and a second copy of all Office correspondence
 previously received by applicant showing the redacted material in brackets, at the
 time of filing the request for redacted publication; 
 

 (B) A copy of each submission previously filed by the applicant
 including any desired redactions, and a second copy of each submission previously
 filed by the applicant showing the redacted material in brackets, at the time of
 filing the request for redacted publication; 
 

 (C) Within one month of the date of mailing of any correspondence from
 the Office, a copy of such Office correspondence including any desired redactions,
 and a second copy of such Office correspondence showing the redacted material in
 brackets; 
 

 (D) With each submission by the applicant, a copy of such submission
 including any desired redactions, and a second copy of such submission showing the
 redacted material in brackets; and
 

 (E) The processing fee set forth in 37 CFR
 1.17(i) , and a certification that the redactions are limited to
 the elimination of material that is relevant only to the part or description of the
 invention that was not contained in the redacted copy of the application submitted
 for publication for each submission in (A)-(D).
 

 
 Papers submitted for redaction are not entitled to the benefit of the
 certificate of mailing practice under 37 CFR 1.8 . If applicant fails to
 provide the required redacted and marked up copies of the correspondence in compliance with
 37 CFR
 1.217(d) , the Office will provide a copy of the complete file wrapper
 and contents of the application to any person upon written request pursuant to
 37 CFR
 1.14 .
 

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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 

 
 

 1135-PGPub Forms 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:32