Can I file a patent application without claims?

Can I file a patent application without claims?

While it is possible to file a patent application without claims, it is not recommended and can have significant consequences:

• No filing date: According to MPEP 601.01, an application must contain “at least one claim pursuant to 35 U.S.C. 112(b)” to be assigned a filing date.
• Provisional applications: Claims are not required for provisional applications, but these do not mature into patents without a subsequent non-provisional filing.
• Subsequent submission: If claims are not included in the initial filing, they must be submitted later, which may delay the examination process and incur additional fees.
• Priority issues: Lack of claims at filing may affect your ability to claim priority or benefit from earlier filing dates in certain situations.

The MPEP states: “To obtain a filing date, applicant must file specification containing a description pursuant to 35 U.S.C. 112(a) and at least one claim pursuant to 35 U.S.C. 112(b).” Therefore, it’s strongly advised to include at least one claim when filing a non-provisional patent application.

To learn more:

• patent application claims
• filing requirements
• patent application elements