What are the requirements for obtaining a filing date for a nonprovisional patent application?

To obtain a filing date for a nonprovisional patent application filed under 37 CFR 1.53(b), the application must include:

• A specification containing a description as prescribed by 35 U.S.C. 112(a)
• At least one claim (for applications filed on or after December 13, 2013)
• Any drawings necessary under 35 U.S.C. 113 (first sentence)

As stated in the MPEP: Filing dates are accorded to nonprovisional applications filed under 37 CFR 1.53(b) submitted without the names of all the inventors, the required fees (basic filing fee, and search and examination fees (for applications filed on or after December 8, 2004)), at least one claim (for applications filed on or after December 13, 2013) and/or the inventor’s oath or declaration.

If any required items are missing, the applicant will be notified and given a time period to submit the missing elements. The filing date will be the date the missing items are received.

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

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