Chapter 1100
Chapter 1100 covers pre-grant publication of patent applications. Most utility applications publish 18 months from earliest priority date. Key rule: if applicant files a nonpublication request then later files abroad, must notify USPTO within 45 days or application will be abandoned.
Core Concepts
18-Month Publication — 35 USC 122(b) / MPEP 1120 Most nonprovisional utility applications publish automatically at 18 months from earliest effective filing date (including claimed priority dates). Design applications do NOT publish. Applications subject to secrecy orders do NOT publish. International applications entering national stage already published by WIPO.
Nonpublication Request — MPEP 1122 Applicant may request no publication if application will NOT be filed in any foreign country requiring 18-month publication. Must be filed at time of application filing. If applicant later files abroad, must notify USPTO within 45 days of foreign filing or application is ABANDONED — no cure, no extension.
Rescission of Nonpublication Request — MPEP 1123 Applicant may rescind nonpublication request at any time before publication. Once rescinded, cannot re-file nonpublication request. Publication will then occur at 18 months from priority date or as soon as practicable.
Preissuance Submissions — 35 USC 122(e) / MPEP 1134.01 Third parties may submit patents, published patent applications, or other printed publications of potential relevance to examination. Patent owner statements from other proceedings are also separately permitted. Must be submitted before the earlier of: (1) notice of allowance, OR (2) later of 6 months after publication or date of first rejection. Must include concise description of relevance. No fee if 3 or fewer documents.
Effect of Publication — MPEP 1128 Published application becomes prior art as of its filing date under 35 USC 102(a)(2). Applicant may be entitled to provisional rights (reasonable royalty) from publication date if patent later issues with substantially identical claims.
Key Rules
EXAM TIP
The 45-day notification rule is the highest-yield rule in Ch. 1100. If applicant files nonpublication request and then files abroad, failure to notify USPTO within 45 days = abandonment with no remedy. No extension, no petition cure. This is a harsh trap with a firm deadline.
Common Traps
Search Terms
Want to study each section in depth?
Create a free account to access all MPEP sections, ~50 practice questions, and a full exam simulation.