When can an applicant opt out of publication?

An applicant can opt out of publication at the time of filing a nonprovisional application. According to patent law, a nonprovisional application that is not to be published must have a clear and unequivocal statement to that effect at the time of filing. This is particularly relevant because once a nonprovisional application is filed and is not marked as wanting to opt-out, it will generally be published after 18 months.

The option to opt out becomes relevant during the initial application filing process, specifically for nonprovisional applications, and thus it's not available indefinitely or contingent on other events, such as provisional applications or foreign filings. These aspects underscore why the correct choice occurs specifically at the time of filing. All applicants should be aware that if they do not indicate their desire to opt-out at that moment, their application will proceed to publication automatically.