Q&A Forums

Forum Navigation
You need to log in to create posts and topics.

If a patent application is ready for grant before 18 months is it published earlier?

We have a German patent application which becomes ready for grant before 18 months. The German law does not provide a guarantee that the patent will *not* be published before 18 months. This is important as the client might decide to file an extended application and in this case the patent would become prior art.

For applications before the EPO this might also happen: according to the Guidelines for Examination in the EPO, A-VI, 1.1:

"where the European application is ready for grant prior to the expiry of the 18-month period, the application and the specification of the European patent as granted will both simultaneously be published early, pursuant to Art. 93(2) EPC"

How is the situation in your country/in the major patent jurisdictions?