What is the filing date for a nonprovisional patent application?

The filing date for a nonprovisional patent application depends on the type of application and when it was filed:

  • For applications filed on or after December 18, 2013 (except design applications): The filing date is the date when a specification, with or without claims, is received by the USPTO.
  • For design applications: The filing date is the date when the specification (including at least one claim), and any required drawings are received by the USPTO.
  • For applications filed before December 18, 2013: The filing date is the date when a specification containing a description and at least one claim, and any necessary drawings are filed with the USPTO.

The MPEP states: Except for design applications, the filing date for applications filed under 35 U.S.C. 111 on or after December 18, 2013 is the date on which a specification, with or without claims, is received in the Office.

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Topics: Patent Law, Patent Procedure
Tags: Filing Date, nonprovisional application, USPTO