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I have noticed that start-up companies that filed patent applications tend to not to publish them before the patent is granted. This can have business strategy motivations and it would be off topic to discuss about them here.

Just from a patent point of view is there any motivation to not to publish till the patent is granted? (I mean: publishing after patent application filing but before patent grant can in any way interfere with getting the grant or defending it in the future?)

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2 Answers 2

If you plan to file outside the U.S. you do not have a choice, the U.S. will publish 18 months after earliest claimed priority date. If you do not plan to file outside the U.S. you can check a box at the time of filing for "non-publication request". This used to add $300 to the filing fee but that fee went away. Publishing has some benefits, it can give you rights in some cases to go back (once you have an issued patent) and retroactively get royalties starting from the publication date. The negative it lets people know what you are doing earlier and the publication of your application can be used as prior art against some other filing you might do in the future if it is a similar invention.

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Th e publication of a patent is a part of the processes and not something you elect to do. Generally you file for the patent and as part of the examination and grant process it will automatically be published. The publication is done by the USPTO and not by you -- you should not publish your own patents.

The publication has no effect on whether the patent is granted or not, and it does not affect the patent in any way as the patent is valid from the time it was filed and not from the time is was granted (assuming that it will be granted).

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Sorry my question wasn't maybe clear. I was referrring to publish the subject of a patent application as a scientific paper and not to the publishing made by USPTO. –  marcoe Jul 27 at 7:39
Your idea may not be patentable if it is already public information prior to the filing of the patent. Publishing a paper would make it public information. There is in some cases an ability to file within one year, but you will need to talk to a patent lawyer to know if that is applicable in your case. In any case a patent is granted to who file first, so you may find that somebody else could patent an idea based on your paper as long as they file before you do. –  Soren Jul 27 at 17:45

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