When can an applicant opt out of publication?

An applicant can opt out of publication at the time of filing a nonprovisional application. Under U.S. patent law, the default expectation is that most nonprovisional patent applications will be published 18 months after their earliest priority date. However, an applicant has the option to request non-publication while filing their nonprovisional application, but this option is only available if they do not intend to file a corresponding foreign patent application.

Choosing to opt out of publication should be a careful decision in conjunction with the strategic planning of an applicant's filing strategy and business needs. This ability to opt out reflects a consideration for those who may wish to maintain confidentiality around their invention for various reasons, such as competitive advantage or potential licensing negotiations.

The other responses do not provide correct contexts for opting out. For instance, an applicant cannot opt out at any time before patent issuance since the decision must be made explicitly at the time of nonprovisional filing. Additionally, provisional applications do not publish, so they are not relevant to the opt-out discussion. The option to opt out is also not available after a foreign application has been filed, as that would trigger the requirement for U.S. publication as well. The choice to manage publication provides a critical tool for applicants to