A comparison of early publication practices in the United States and Europe

Stephen Adams

World Patent Information, 2003, vol. 25, issue 2, 117-122

Abstract: Early publication practices in the USA under the American Inventors Protection Act and in Europe under various national laws and under the European Patent Convention are compared and contrasted. A brief survey of the historical development of early publication practices in Europe sets the scene. Particular topics covered then include non-published applications, rapid publication, search reports, bibliographic data such as assignee details and microbiological deposits, substantive examination requests, and the scope of subsequently granted patents. The author concludes that there are many substantial and significant differences between the two regions, and that patent searchers and database producers need to be very much aware of these differences and to monitor the anticipated future changes to US practice.

Date: 2003
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