why isn't patent application showing up on the US patent office website?
Madison, WI
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Posted 5 months ago in Intellectual Property
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I'm checking on investing in a start up company and I want to check the patent for their product. They tell me it has been applied for but I can't find it on the web. Shouldn't I be able to see it on the web?
Answers (3)Kurt Van Thomme
This attorney is licensed in Iowa.
Posted 5 months ago.
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The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.
United States patent applications are not always available to the public. Pending applications are usually published by the USPTO approximately 18 months after filing, and once this occurs, you would be able to locate it on the USPTO website. However, if an applicant does not wish to pursue any non-US patent protection, they may file a request for nonpublication with their application, in which case members of the public would first have access to it when it issues as a patent. If the patent application is not yet available on the USPTO website, you should ask the company for a copy of the application and related documents (such as the filing receipt, any prior art submitted to the USPTO, etc.) for your review. Mario Sergio Golab
This attorney is licensed in Florida.
Posted 4 months ago.
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Two possible reasons. 1. At least 18 months have not passed since application. 2 A request for no-publication has been presented with the original application.
Jeffrey Thekdi Gedeon
This attorney is licensed in Michigan.
Posted 4 months ago.
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It is also possible that the company only filed a provisional patent application, which will never become public. Even though a provisional patent can never itself mature into a patent, it does allow the applicant to legitimately claim "patent pending" status.
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