What are the requirements for a nonprovisional utility patent application to receive a filing date?
For nonprovisional utility patent applications filed on or after December 18, 2013, the requirements to receive a filing date are:
- A specification
- With or without claims
Prior to December 18, 2013, the requirements were:
- A specification containing a description and at least one claim
- Any drawing necessary under 35 U.S.C. 113
The USPTO states: Effective for applications filed on or after December 18, 2013, 37 CFR 1.53(b) was amended to implement the changes to 35 U.S.C. 111(a) and 35 U.S.C. 171 by the Patent Law Treaties Implementation Act of 2012 (PLTIA) (Public Law 112-211). 35 U.S.C. 111(a) now provides minimal formal requirements necessary for an application to be entitled to a filing date to safeguard against the loss of a filing date due to a technicality.
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Topics:
Patent Law,
Patent Procedure