What are the filing date requirements for nonprovisional patent applications?

The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013:

• Non-design applications no longer require at least one claim or any drawings to receive a filing date
• Design patent applications still require at least one claim and any required drawings to receive a filing date

The MPEP states: Unless the application is for a design patent, nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013, are no longer required to include at least one claim or any drawings in order to receive a filing date for the application.

Additionally, applications may now be filed by reference to a previously filed application: A nonprovisional application filed under 35 U.S.C. 111(a) on or after December 18, 2013, may be filed by a reference to a previously filed application (foreign, international, provisional, or nonprovisional) indicating that the specification and any drawings of the application are replaced by the reference to the previously filed application.

For more information on filing date requirements, visit: filing date requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent drawings, visit: patent drawings.

For more information on PLTIA, visit: PLTIA.