What determines the filing date of a patent application?
The filing date of a patent application is determined by the ‘Office Date’ stamp, provided the application includes all necessary components for a filing date. The MPEP states:
If an application as originally filed includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP § 506), the ‘Office Date’ stamp establishes the ‘filing date.’
This means that the date stamped on the application by the USPTO becomes the official filing date, as long as all required elements are present. It’s crucial for applicants to ensure their submissions are complete to secure the earliest possible filing date.
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
MPEP 505 - Date of Receipt Stamp,
Patent Law,
Patent Procedure