What are the filing date requirements for nonprovisional applications filed on or after December 18, 2013?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

For nonprovisional applications filed on or after December 18, 2013, the filing date requirements have been simplified. The MPEP states: For applications filed on or after December 18, 2013, the filing date of a nonprovisional application filed under 35 U.S.C. 111(a), other than a design patent application, is the date on which a specification, with or without claims, is received in the Office. This means that utility and plant patent applications no longer require at least one claim or any drawings to receive a filing date. However, design patent applications still require at least one claim and any required drawings to receive a filing date.

Topics: MPEP 200 – Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case