Very Intersting question
""Subtitle E of the American Inventors Protection Act of 1999 ("the
AIPA"), titled Domestic Publication of Patent Applicants Published
Abroad, mandates that, with certain specified exceptions, U.S. patent
applications "shall be published promptly" 18 months from their
earliest priority date.""
Example
Parent Patent Application filed -- June 30, 1998
CIP of Parent Fled - June 30, 2001
Publication of CIP - Approx. 14 weeks after CIP filing
However, if you are not going to file for a foreign patent seeking
priority of the CIP, you can submit a non-publication request
concurrently with the filed application.
"Therefore, applicants who prefer non-publication and have not
previously filed a foreign (or international) application that is
subject to 18 month publication should consider filing non-publication
requests at the time of filing, even if they have not yet decided
whether to file outside the U.S. If the applicant subsequently decides
to file a foreign (or international) application that will publish
after 18 months, however, he or she must notify the USPTO within 45
days after the date of such filing. If the USPTO is not timely
notified of the foreign filing, the U.S. application will be
abandoned, subject to revival if the delay in giving notice was
unintentional. Even if the applicant does not file abroad, he or she
may rescind the non-publication request at any time."
No matter what you decide, DO NOT give up your priority of the
earliest filed application. You will then get a 102(e) rejection due
to the earlier filed application.
If you do not want pre-grant publication and the original Parent
application was filed in a foreign country, there is always the option
of filing the New Matter as a Parent Application without seeking
priority. However, again you risk a 102 rejection, so be careful. |