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By J.D. Houvener
Patent Attorney and Founder

Are Patents Classified?

Great question! Let’s break this down.

When people ask if patents are classified, they’re usually wondering if they’re confidential or secret. The short answer? Yes, but only for a while.

When you file a patent application with the U.S. Patent and Trademark Office (USPTO), it doesn’t immediately become public. Some applications stay private forever, but others are published eventually—unless you take specific steps to keep them private.

Provisional Patent Applications: Private and Informal

Provisional applications are never published. Think of them as placeholders. They lock in your filing date but need to be followed up with a formal (non-provisional) application within one year.

Provisionals are pretty flexible. You can include rough sketches and simple descriptions. There’s no need to perfectly format your figures or break everything into detailed sections. However, they’re just the starting point.

When you file the follow-up non-provisional application, that’s when things get serious. It includes your claims, detailed descriptions, and all the formal documents needed to proceed.

Non-Provisional Patent Applications: When Do They Go Public?

Non-provisional applications are published 18 months after their earliest filing date.

  • If you file a provisional first, the non-provisional will be published about 6 months after you submit it (since a year has already passed).
  • If you skip the provisional and file the non-provisional directly, the 18-month clock starts on that filing date.

Want to keep it private longer? You can file a non-publication request when submitting your non-provisional. But be aware—this only works if you’re not planning to file for patents in other countries.

Patent Classifications: Sorting Applications by Field

If your question was about patent classifications (instead of confidentiality), let’s touch on that too.

Once you submit a patent application, the USPTO assigns it to a Technology Center based on the field of invention. These centers are divided into specialized areas, like:

  • 1600: Biotechnology and organic chemistry
  • 2100: Computer architecture and software
  • 2800: Semiconductors and optical systems
  • 3600: Transportation, e-commerce, and mechanical engineering

Why does this matter? Examiners in each Technology Center specialize in their respective fields. They stay updated on the latest advancements and focus on similar applications throughout their careers. This helps them review applications efficiently and thoroughly.

In Summary

Patents are confidential when first filed, but many become public after 18 months unless you take steps to keep them private. And when it comes to classifications, it’s all about organizing applications so experts in the field can review them effectively.

Hope this clears things up. Have a great day—and remember, keep innovating!

About the Author
J.D. Houvener is a Registered USPTO Patent Attorney who has a strong interest in helping entrepreneurs and businesses thrive. J.D. leverages his technical background in engineering and experience in the aerospace industry to provide businesses with a unique perspective on their patent needs. He works with clients who are serious about investing in their intellectual assets and provides counsel on how to capitalize their patents in the market. If you have any questions regarding this article or patents in general, consider contacting J.D. Houvener at https://boldip.com/contact/