What is a consequence of opting out of publication?

Choosing to opt out of publication has specific consequences regarding the applicant's ability to file patents in other jurisdictions. When an applicant elects not to have their patent application published, they forfeit the right to file for protection abroad. This is primarily due to the rules established under the Patent Cooperation Treaty (PCT) and the practices of many foreign patent offices, which often require timely and thorough disclosure of claims in the initial application.

Publication typically allows others in the field to become aware of the innovation and permits the applicant to seek corresponding international protection based on the initial application. Without publication, the applicant cannot take advantage of the international patent filing system since it restricts their ability to claim priority based on the U.S. application. This forfeiture reinforces the significance of an applicant's decision regarding publication and emphasizes the importance of considering future international patenting strategies when making that choice.

While the other options may suggest certain rights or advantages, they do not accurately reflect the consequence of opting out of publication in the context of international filing and obligations under patent law.