Lawyers and Settlements

Intellectual Property: Patents

STEP 5: Pre-Grant Publication of the Patent Application

Patent applications filed after November 19,2000 are published 18 months after their filing date unless a request for non-publication stating the application has not been and will not be filed outside the USA is submitted in a timely manner. This pre-grant publication (“PGPUB”) is important notice to the public of the existence of the claim of the inventor for protection under the patent laws and the potential for liability for any infringement after that time. The PGPUB allows the patentee, upon the issuance of the patent, the retroactive right to collect a reasonable royalty from an infringer as of the date of the PGPUB of any claim of the patent that would also infringe a claim of the published patent application. This minimizes surprise to the public from delayed issuance of a patent application (so-called “submarine patents”) and helps protect the inventor against use of the invention between the date of publication and issuance. The publication is of the application as filed unless certain unusual steps are taken.

Information on this page was supplied with permission of Bruce E. Burdick.

Patents | Step 6