[Patentpractice] Should this applciation be public already?

[Jim Larsen]

Your situation notes publication of the PCT approximately 6 months after filing.  Assuming there is no earlier priority date of which benefit is claimed, that 6-month publication would be wrong.  (PCT Article 21(2)(a).)  I’d guess, therefore, that the PCT was filed based on a U.S. provisional application filed one year earlier.  Since the PCT application (the same application as the national phase) is public, the corresponding national phase application is also public.

Even if the PCT had not published in April 2024, however, March 2025 is 18 months after the September 2023 filing date claimed by the national phase application, which would provide justification for the public nature of the U.S. national phase application.

Best regards,

-Jim

James C. Larsen
Attorney
Larsen IP PLLC
p: 425.298.6846
e: jim at Larsen-IP.com<mailto:jim at Larsen-IP.com>
w. www.Larsen-IP.com<http://www.Larsen-IP.com>

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From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> on behalf of Patent Lawyer via Patentpractice <patentpractice at oppedahl-lists.com>
Date: Monday, March 24, 2025 at 3:04 PM
To: patentpractice at oppedahl-lists.com <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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