The non-publication procedure for certain US patent applications is one of the most under-utilized tools in the U.S. patent strategy toolkit. After 20+ years of experience as a patent attorney, the non-publication process is one of my go-to strategies for clients who wish to start the process of patenting their innovations without also prematurely disclosing their “secret sauce” to their competitors, as would normally be the case when filing a patent application that will publish in 18 months after filing if the standard application process is selected.
In addition to allowing the information in a patent application to remain confidential from prying eyes for a longer time, this can strategy pay dividends as the patent examination process becomes more challenging or if your company pivots. In this regard, if your US patent application does not publish, you may retain the right to add new aspects of your innovation for a longer period of time, while still retaining the filing date for the earlier-filed subject matter. Read more details on my LinkedIn post.