[Patentpractice] Should this applciation be public already?

[Randall Svihla]

Call the USPTO's PCT Help Desk and ask them.


From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Patent Lawyer via Patentpractice
Sent: Monday, March 24, 2025 6:01 PM
To: patentpractice at oppedahl-lists.com
Cc: Patent Lawyer <patentlawyer995 at gmail.com>
Subject: [Patentpractice] Should this applciation be public already?

Should a US national phase application, filed after the PCT application was published, be available to the public on PatentCenter the day after it is filed in the US?
Here are the facts:

  *   PCT application was filed in EPO September 2023, published April 2024.
  *   US national phase filed last week (Friday -- 3 days ago).  The applicaiton is still undergoing preexam processing (of course).
  *   Yet the US application is already publicly available on PatentCenter (if you know the US application number).
Maybe this is right.  Or should the US national phase application be non-public (private) on PatentCenter until the PTO publishes it?



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