Question:
In a pending US application, published Chinese application CN101XXXX00A has been cited against us. It appears to have been filed in July 2010, but bears a publication date of December 29, 2010. We understand that applications are normally published after 18 months. Is the publication date wrong, or can an application be published so quickly?
Answer:
Yes, an application can be published that quickly. An applicant may request early publication before SIPO, and the application will be published after preliminary examination. In our experience, applications for which early publication is requested may be published five or six months after filing.