MPEP § 503 — Application Number and Filing Receipt (Annotated Rules)

§503 Application Number and Filing Receipt

USPTO MPEP version: BlueIron's Update: 2026-01-17

This page consolidates and annotates all enforceable requirements under MPEP § 503, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Application Number and Filing Receipt

This section addresses Application Number and Filing Receipt. Primary authority: 35 U.S.C. 122(b), 35 U.S.C. 115(f), and 37 CFR 1.54. Contains: 2 requirements, 2 prohibitions, 5 guidance statements, 2 permissions, and 10 other statements.

Key Rules

Topic

Application Types and Filing

8 rules
StatutoryRequiredAlways
[mpep-503-3cc40a549d816a218386e7a3]
All Parts Must Be Filed Together
Note:
All parts of the application must be deposited in the Office together; otherwise, a letter must accompany each part connecting it with other parts.

(a) It is desirable that all parts of the complete application be deposited in the Office together; otherwise, a letter must accompany each part, accurately and clearly connecting it with the other parts of the application. See § 1.53(f) and (g) with regard to completion of an application.

Jump to MPEP Source · 37 CFR 1.53(f)Application Types and Filing
StatutoryInformativeAlways
[mpep-503-8e5c893ee470dfb159f09f11]
Notification of Application Number and Filing Date
Note:
Applicants will receive a filing receipt with their application number and date unless the application is filed under §1.53(d).

(b) Applicant will be informed of the application number and filing date by a filing receipt, unless the application is an application filed under § 1.53(d). A letter limited to a request for a filing receipt may be signed by a juristic applicant or patent owner.

Jump to MPEP Source · 37 CFR 1.53(d)Application Types and FilingSignature Requirements
StatutoryInformativeAlways
[mpep-503-f1e6880115e1d0c258312735]
Self-Addressed Postcard With Application Number and Date
Note:
A self-addressed postcard submitted with a patent application will receive the receipt date and an assigned application number before being returned to the addressee.

For non-electronic filings, if a self-addressed postcard is submitted with a patent application, that postcard will be provided with both the receipt date and application number prior to returning it to the addressee. The application number identified on such a postcard receipt is merely the preliminary assignment of an application number to the application, and should not be relied upon (e.g., with respect to foreign filings) as necessarily representing the application number assigned to such application. See 37 CFR 1.53(b).

Jump to MPEP Source · 37 CFR 1.53(b)Application Types and Filing
StatutoryRecommendedAlways
[mpep-503-0903bbcf196824b0e7f0f258]
Preliminary Application Number Not Final
Note:
A postcard receipt with an application number is a preliminary assignment and should not be relied upon for foreign filings.

For non-electronic filings, if a self-addressed postcard is submitted with a patent application, that postcard will be provided with both the receipt date and application number prior to returning it to the addressee. The application number identified on such a postcard receipt is merely the preliminary assignment of an application number to the application, and should not be relied upon (e.g., with respect to foreign filings) as necessarily representing the application number assigned to such application. See 37 CFR 1.53(b).

Jump to MPEP Source · 37 CFR 1.53(b)Application Types and Filing
StatutoryInformativeAlways
[mpep-503-9b11bad528820c880adab5c2]
Return Postcard Must Itemize Application Components
Note:
The return postcard must list all application components to serve as evidence of receipt by the USPTO.

It is important that the return postcard itemize all of the components of the application. If the postcard does not itemize each of the components of the application, it will not serve as evidence that any component which was not itemized was received by the United States Patent and Trademark Office (USPTO). See subsection III, below, for additional information pertaining to return postcards. It should be recognized that the identification of an application by application number does not necessarily signify that the USPTO has accepted the application as complete (37 CFR 1.53(a)).

Jump to MPEP Source · 37 CFR 1.53(a))Application Types and Filing
StatutoryInformativeAlways
[mpep-503-ca24be744bdf954e591d83ed]
Return Postcard Must Itemize Application Components
Note:
The return postcard must list all application components; failure to do so means the USPTO cannot be considered as receiving any unlisted items.

It is important that the return postcard itemize all of the components of the application. If the postcard does not itemize each of the components of the application, it will not serve as evidence that any component which was not itemized was received by the United States Patent and Trademark Office (USPTO). See subsection III, below, for additional information pertaining to return postcards. It should be recognized that the identification of an application by application number does not necessarily signify that the USPTO has accepted the application as complete (37 CFR 1.53(a)).

Jump to MPEP Source · 37 CFR 1.53(a))Application Types and Filing
StatutoryRecommendedAlways
[mpep-503-6c57affc15ee17f288564c20]
Return Postcard Must Itemize Application Components
Note:
The return postcard must list all application components to serve as evidence of receipt by the USPTO; failure to do so does not prove receipt of missing parts.

It is important that the return postcard itemize all of the components of the application. If the postcard does not itemize each of the components of the application, it will not serve as evidence that any component which was not itemized was received by the United States Patent and Trademark Office (USPTO). See subsection III, below, for additional information pertaining to return postcards. It should be recognized that the identification of an application by application number does not necessarily signify that the USPTO has accepted the application as complete (37 CFR 1.53(a)).

Jump to MPEP Source · 37 CFR 1.53(a))Application Types and Filing
StatutoryInformativeAlways
[mpep-503-f18f4eb5a580b435eff4568f]
Filing Requirements for Provisional Applications
Note:
A provisional application must include a specification, with or without claims, and a cover sheet to be entitled to a filing date.

A provisional application filed on or after December 18, 2013 is entitled to a filing date as of the date of receipt of the specification, with or without claims, in the Office (37 CFR 1.53(c)); a provisional application filed before December 18, 2013 must also include any required drawings to be entitled to a filing date (pre-PLT (AIA) 37 CFR 1.53 (c)). See also MPEP § 608.02, subsection I. See 37 CFR 1.53(c). A cover sheet (37 CFR 1.51(c)(1)), which may be an application data sheet (37 CFR 1.76) or a cover letter, identifying the application as a provisional application is required to prevent the provisional application from being treated as a nonprovisional application. 37 CFR 1.53(c)(1).

Jump to MPEP Source · 37 CFR 1.53(c))Application Types and FilingFiling ReceiptApplication Identification
Topic

Fee Requirements

8 rules
StatutoryRequiredAlways
[mpep-503-8ca97c6757be8c400cde2909]
Claims and Surcharge Must Be Filed After Notice
Note:
Claims and the required surcharge must be submitted in response to a Notice to File Missing Parts.

A nonprovisional application, other than an application for a design patent including a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, with or without claims. An application for a design patent, other than a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, including at least one claim, and any required drawings. See 37 CFR 1.53(b). A CPA is entitled to a filing date as of the date that a proper request under 37 CFR 1.53(d) is filed. The filing receipt will be mailed at the time a determination is made that the application meets the minimum requirements to receive a filing date. The inventor's oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506). See 37 CFR 1.53(f). If the inventor's oath or declaration, basic filing fee, and/or any required search fee and examination fee with the appropriate surcharge are not timely filed, the application will be abandoned. For original (non-reissue) applications filed on or after September 16, 2012, the filing of the inventor’s oath or declaration may be postponed until the date the issue fee is paid if an application data sheet in accordance with 37 CFR 1.76 is timely filed providing the required inventor information. See 35 U.S.C. 115(f) and 37 CFR 1.53(f). The surcharge required for filing the inventor’s oath or declaration after the filing date of the application, however, must be paid on filing of the application or in response to a Notice to File Missing Parts. Also, for applications filed on or after December 18, 2013, the filing of at least one claim may be postponed until the expiration of the time period set in Notice to File Missing Parts. Claim(s) and the surcharge must be filed in response to the Notice to File Missing Parts. See MPEP § 506.

Jump to MPEP Source · 37 CFR 1.53(d)Fee RequirementsLate Payment and ReinstatementAIA Effective Dates
StatutoryPermittedAlways
[mpep-503-37d1290de5b1c4c212a493a1]
Request for Receipt by Postcard
Note:
A submitter can obtain a receipt for filed items not submitted electronically by enclosing a self-addressed postcard with the item.

If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item. See subsection I, above, and MPEP § 502.05 for Electronic Acknowledgment Receipts. To ensure the receipt of return receipt postcards, users must either: (A) purchase already stamped postcards from the United States Postal Service (USPS) or affix postage stamps to their postcards; or (B) if a postage meter is used, ensure that the meter postmark does not show the date. Any return receipt postcard containing a dated meter postmark may not be delivered by the USPS to the address provided on the postcard. Users are reminded that they are solely responsible for placing the proper postage on self-addressed postcards that are submitted to the USPTO for the purpose of obtaining a receipt for correspondence being filed in the USPTO. Users should check with the USPS regarding postage and what size cards are acceptable to the USPS. Any return receipt postcard that does not contain sufficient postage or is not acceptable may not be delivered by the USPS to the address provided on the postcard, and, if returned to the USPTO, may be discarded.

Jump to MPEP Source · 37 CFR 1.54Fee Requirements
StatutoryInformativeAlways
[mpep-503-6f75abe35cca85831cdb455e]
Requirement for Self-Addressed Postcards for Receipts
Note:
Submitters must use self-addressed postcards with proper postage to obtain receipts for items filed in the USPTO.

If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item. See subsection I, above, and MPEP § 502.05 for Electronic Acknowledgment Receipts. To ensure the receipt of return receipt postcards, users must either: (A) purchase already stamped postcards from the United States Postal Service (USPS) or affix postage stamps to their postcards; or (B) if a postage meter is used, ensure that the meter postmark does not show the date. Any return receipt postcard containing a dated meter postmark may not be delivered by the USPS to the address provided on the postcard. Users are reminded that they are solely responsible for placing the proper postage on self-addressed postcards that are submitted to the USPTO for the purpose of obtaining a receipt for correspondence being filed in the USPTO. Users should check with the USPS regarding postage and what size cards are acceptable to the USPS. Any return receipt postcard that does not contain sufficient postage or is not acceptable may not be delivered by the USPS to the address provided on the postcard, and, if returned to the USPTO, may be discarded.

Jump to MPEP Source · 37 CFR 1.54Fee Requirements
StatutoryRequiredAlways
[mpep-503-d2ad56ece44cd06adca26069]
Return Receipt Postcards Must Contain Proper Stamps
Note:
Users must ensure return receipt postcards are properly stamped with either USPS pre-stamped cards or stamps, or use a postage meter without a dated postmark.

If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item. See subsection I, above, and MPEP § 502.05 for Electronic Acknowledgment Receipts. To ensure the receipt of return receipt postcards, users must either: (A) purchase already stamped postcards from the United States Postal Service (USPS) or affix postage stamps to their postcards; or (B) if a postage meter is used, ensure that the meter postmark does not show the date. Any return receipt postcard containing a dated meter postmark may not be delivered by the USPS to the address provided on the postcard. Users are reminded that they are solely responsible for placing the proper postage on self-addressed postcards that are submitted to the USPTO for the purpose of obtaining a receipt for correspondence being filed in the USPTO. Users should check with the USPS regarding postage and what size cards are acceptable to the USPS. Any return receipt postcard that does not contain sufficient postage or is not acceptable may not be delivered by the USPS to the address provided on the postcard, and, if returned to the USPTO, may be discarded.

Jump to MPEP Source · 37 CFR 1.54Fee Requirements
StatutoryProhibitedAlways
[mpep-503-eee15f21a0d937d0172ae2de]
Meter Postmark Not Allowed on Return Receipt
Note:
Return receipt postcards with dated meter postmarks cannot be delivered by the USPS and will not receive a filing receipt.

If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item. See subsection I, above, and MPEP § 502.05 for Electronic Acknowledgment Receipts. To ensure the receipt of return receipt postcards, users must either: (A) purchase already stamped postcards from the United States Postal Service (USPS) or affix postage stamps to their postcards; or (B) if a postage meter is used, ensure that the meter postmark does not show the date. Any return receipt postcard containing a dated meter postmark may not be delivered by the USPS to the address provided on the postcard. Users are reminded that they are solely responsible for placing the proper postage on self-addressed postcards that are submitted to the USPTO for the purpose of obtaining a receipt for correspondence being filed in the USPTO. Users should check with the USPS regarding postage and what size cards are acceptable to the USPS. Any return receipt postcard that does not contain sufficient postage or is not acceptable may not be delivered by the USPS to the address provided on the postcard, and, if returned to the USPTO, may be discarded.

Jump to MPEP Source · 37 CFR 1.54Fee Requirements
StatutoryInformativeAlways
[mpep-503-61a40d7df65e70162b22b4bf]
Proper Postage Must Be Placed on Self-Addressed Postcards for Receipts
Note:
Users must ensure self-addressed postcards submitted to the USPTO for receipt of filed correspondence contain proper postage.

If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item. See subsection I, above, and MPEP § 502.05 for Electronic Acknowledgment Receipts. To ensure the receipt of return receipt postcards, users must either: (A) purchase already stamped postcards from the United States Postal Service (USPS) or affix postage stamps to their postcards; or (B) if a postage meter is used, ensure that the meter postmark does not show the date. Any return receipt postcard containing a dated meter postmark may not be delivered by the USPS to the address provided on the postcard. Users are reminded that they are solely responsible for placing the proper postage on self-addressed postcards that are submitted to the USPTO for the purpose of obtaining a receipt for correspondence being filed in the USPTO. Users should check with the USPS regarding postage and what size cards are acceptable to the USPS. Any return receipt postcard that does not contain sufficient postage or is not acceptable may not be delivered by the USPS to the address provided on the postcard, and, if returned to the USPTO, may be discarded.

Jump to MPEP Source · 37 CFR 1.54Fee Requirements
StatutoryRecommendedAlways
[mpep-503-af0b57f33e75852691b32524]
Proper Postage and Card Size for USPS Receipts
Note:
Users must check with the USPS for proper postage and card size to ensure receipt delivery.

If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item. See subsection I, above, and MPEP § 502.05 for Electronic Acknowledgment Receipts. To ensure the receipt of return receipt postcards, users must either: (A) purchase already stamped postcards from the United States Postal Service (USPS) or affix postage stamps to their postcards; or (B) if a postage meter is used, ensure that the meter postmark does not show the date. Any return receipt postcard containing a dated meter postmark may not be delivered by the USPS to the address provided on the postcard. Users are reminded that they are solely responsible for placing the proper postage on self-addressed postcards that are submitted to the USPTO for the purpose of obtaining a receipt for correspondence being filed in the USPTO. Users should check with the USPS regarding postage and what size cards are acceptable to the USPS. Any return receipt postcard that does not contain sufficient postage or is not acceptable may not be delivered by the USPS to the address provided on the postcard, and, if returned to the USPTO, may be discarded.

Jump to MPEP Source · 37 CFR 1.54Fee Requirements
StatutoryProhibitedAlways
[mpep-503-e2be563aca8d24e66e7d3e29]
Return Receipt Postcard Must Contain Proper Postage
Note:
A return receipt postcard must have sufficient postage to be delivered by the USPS and accepted by the USPTO; otherwise, it may be discarded.

If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item. See subsection I, above, and MPEP § 502.05 for Electronic Acknowledgment Receipts. To ensure the receipt of return receipt postcards, users must either: (A) purchase already stamped postcards from the United States Postal Service (USPS) or affix postage stamps to their postcards; or (B) if a postage meter is used, ensure that the meter postmark does not show the date. Any return receipt postcard containing a dated meter postmark may not be delivered by the USPS to the address provided on the postcard. Users are reminded that they are solely responsible for placing the proper postage on self-addressed postcards that are submitted to the USPTO for the purpose of obtaining a receipt for correspondence being filed in the USPTO. Users should check with the USPS regarding postage and what size cards are acceptable to the USPS. Any return receipt postcard that does not contain sufficient postage or is not acceptable may not be delivered by the USPS to the address provided on the postcard, and, if returned to the USPTO, may be discarded.

Jump to MPEP Source · 37 CFR 1.54Fee Requirements
Topic

Grounds for Reissue

7 rules
StatutoryInformativeAlways
[mpep-503-aa412c00280241a179e4fb33]
Confirmation Number Required for Application Identification
Note:
A four-digit confirmation number must be included with each application to ensure accurate identification and avoid transposition errors.

The confirmation number is a four-digit number that is assigned to each newly filed application. The confirmation number, in combination with the application number, is used to verify the accuracy of the application number placed on correspondence filed with the Office to avoid misidentification of an application due to a transposition error in the application number. The confirmation number may be found in the upper left-hand corner of the filing receipt. The confirmation number will also be available through the USPTO patent electronic filing system. The Office includes the application’s confirmation number (in addition to the application number) on the cover sheet accompanying Office actions and on filing receipts. The confirmation number must be used when submitting a USPTO patent electronic filing system copy of the application for publication to verify that the application number correctly identifies the application for which a copy is being submitted for publication. The Office also recommends that applicants include the application’s confirmation number (in addition to the application number) on all correspondence submitted to the Office concerning the application.

Jump to MPEP Source · 37 CFR 1.54Grounds for ReissueMaintenance Fee PaymentReissue Patent Practice
StatutoryInformativeAlways
[mpep-503-f5ce65f93df9667f68be2ba0]
Confirmation Number Required for Application Verification
Note:
The confirmation number, along with the application number, must be used to verify the correct identification of an application to avoid misidentification due to transposition errors.

The confirmation number is a four-digit number that is assigned to each newly filed application. The confirmation number, in combination with the application number, is used to verify the accuracy of the application number placed on correspondence filed with the Office to avoid misidentification of an application due to a transposition error in the application number. The confirmation number may be found in the upper left-hand corner of the filing receipt. The confirmation number will also be available through the USPTO patent electronic filing system. The Office includes the application’s confirmation number (in addition to the application number) on the cover sheet accompanying Office actions and on filing receipts. The confirmation number must be used when submitting a USPTO patent electronic filing system copy of the application for publication to verify that the application number correctly identifies the application for which a copy is being submitted for publication. The Office also recommends that applicants include the application’s confirmation number (in addition to the application number) on all correspondence submitted to the Office concerning the application.

Jump to MPEP Source · 37 CFR 1.54Grounds for ReissueMaintenance Fee PaymentReissue Patent Practice
StatutoryPermittedAlways
[mpep-503-83ff2ca2b38698f40f7a2a0b]
Confirmation Number Must Be Included on Filing Receipt
Note:
The confirmation number, a four-digit identifier, must be included in the upper left-hand corner of the filing receipt to verify application accuracy.

The confirmation number is a four-digit number that is assigned to each newly filed application. The confirmation number, in combination with the application number, is used to verify the accuracy of the application number placed on correspondence filed with the Office to avoid misidentification of an application due to a transposition error in the application number. The confirmation number may be found in the upper left-hand corner of the filing receipt. The confirmation number will also be available through the USPTO patent electronic filing system. The Office includes the application’s confirmation number (in addition to the application number) on the cover sheet accompanying Office actions and on filing receipts. The confirmation number must be used when submitting a USPTO patent electronic filing system copy of the application for publication to verify that the application number correctly identifies the application for which a copy is being submitted for publication. The Office also recommends that applicants include the application’s confirmation number (in addition to the application number) on all correspondence submitted to the Office concerning the application.

Jump to MPEP Source · 37 CFR 1.54Grounds for ReissueMaintenance Fee PaymentReissue Patent Practice
StatutoryInformativeAlways
[mpep-503-4f212684ac2977038e12db13]
Confirmation Number Available Through USPTO Filing System
Note:
The confirmation number, a four-digit identifier for newly filed applications, is available through the USPTO patent electronic filing system.

The confirmation number is a four-digit number that is assigned to each newly filed application. The confirmation number, in combination with the application number, is used to verify the accuracy of the application number placed on correspondence filed with the Office to avoid misidentification of an application due to a transposition error in the application number. The confirmation number may be found in the upper left-hand corner of the filing receipt. The confirmation number will also be available through the USPTO patent electronic filing system. The Office includes the application’s confirmation number (in addition to the application number) on the cover sheet accompanying Office actions and on filing receipts. The confirmation number must be used when submitting a USPTO patent electronic filing system copy of the application for publication to verify that the application number correctly identifies the application for which a copy is being submitted for publication. The Office also recommends that applicants include the application’s confirmation number (in addition to the application number) on all correspondence submitted to the Office concerning the application.

Jump to MPEP Source · 37 CFR 1.54Grounds for ReissueMaintenance Fee PaymentReissue Patent Practice
StatutoryInformativeAlways
[mpep-503-d679ccecc06d25aab2b6ceff]
Confirmation Number Required for Filing Receipt and Office Actions
Note:
The application’s confirmation number must be included on the cover sheet of Office actions and filing receipts along with the application number.

The confirmation number is a four-digit number that is assigned to each newly filed application. The confirmation number, in combination with the application number, is used to verify the accuracy of the application number placed on correspondence filed with the Office to avoid misidentification of an application due to a transposition error in the application number. The confirmation number may be found in the upper left-hand corner of the filing receipt. The confirmation number will also be available through the USPTO patent electronic filing system. The Office includes the application’s confirmation number (in addition to the application number) on the cover sheet accompanying Office actions and on filing receipts. The confirmation number must be used when submitting a USPTO patent electronic filing system copy of the application for publication to verify that the application number correctly identifies the application for which a copy is being submitted for publication. The Office also recommends that applicants include the application’s confirmation number (in addition to the application number) on all correspondence submitted to the Office concerning the application.

Jump to MPEP Source · 37 CFR 1.54Grounds for ReissueMaintenance Fee PaymentReissue Patent Practice
StatutoryRequiredAlways
[mpep-503-9694d21c28343994f63f8409]
Confirmation Number Required for Publication Submission
Note:
The confirmation number must be used to verify the correct application identification when submitting a USPTO patent electronic filing system copy for publication.

The confirmation number is a four-digit number that is assigned to each newly filed application. The confirmation number, in combination with the application number, is used to verify the accuracy of the application number placed on correspondence filed with the Office to avoid misidentification of an application due to a transposition error in the application number. The confirmation number may be found in the upper left-hand corner of the filing receipt. The confirmation number will also be available through the USPTO patent electronic filing system. The Office includes the application’s confirmation number (in addition to the application number) on the cover sheet accompanying Office actions and on filing receipts. The confirmation number must be used when submitting a USPTO patent electronic filing system copy of the application for publication to verify that the application number correctly identifies the application for which a copy is being submitted for publication. The Office also recommends that applicants include the application’s confirmation number (in addition to the application number) on all correspondence submitted to the Office concerning the application.

Jump to MPEP Source · 37 CFR 1.54Grounds for ReissueMaintenance Fee PaymentReissue Patent Practice
StatutoryInformativeAlways
[mpep-503-8425da37363eaaefc27785e0]
Confirmation Number Required for Correspondence
Note:
Applicants must include the application’s confirmation number along with the application number in all correspondence to the Office.

The confirmation number is a four-digit number that is assigned to each newly filed application. The confirmation number, in combination with the application number, is used to verify the accuracy of the application number placed on correspondence filed with the Office to avoid misidentification of an application due to a transposition error in the application number. The confirmation number may be found in the upper left-hand corner of the filing receipt. The confirmation number will also be available through the USPTO patent electronic filing system. The Office includes the application’s confirmation number (in addition to the application number) on the cover sheet accompanying Office actions and on filing receipts. The confirmation number must be used when submitting a USPTO patent electronic filing system copy of the application for publication to verify that the application number correctly identifies the application for which a copy is being submitted for publication. The Office also recommends that applicants include the application’s confirmation number (in addition to the application number) on all correspondence submitted to the Office concerning the application.

Jump to MPEP Source · 37 CFR 1.54Grounds for ReissueMaintenance Fee PaymentReissue Patent Practice
Topic

Identifying the Application

4 rules
StatutoryInformativeAlways
[mpep-503-076af3fb982f8d0fffd676c0]
Filing Receipt Must Be Mailed to Correspondence Address of Record
Note:
The USPTO must mail a filing receipt to the attorney, agent, or applicant at the recorded correspondence address for each application meeting minimum requirements.

OPAP mails a filing receipt to the attorney or agent, if any, otherwise to the applicant, at the correspondence address of record for each application filed which meets the minimum requirements to receive a filing date. The filing receipt includes the application number, filing date, a confirmation number, and, if available, the number of an art unit where the application is likely to be examined. The filing receipt also includes other information about the application as applicable, such as continuing data, national stage data, foreign priority data, foreign filing license data, entity status information, and the date the Office anticipates publishing the application under 35 U.S.C. 122(b). The filing receipt represents the official assignment by the USPTO of a specific application number and confirmation number to a particular application. See 37 CFR 1.54(b). The application number officially assigned to an application on the filing receipt may differ from the application number identified on a postcard receipt submitted with such application, and, as between inconsistent filing receipts and postcard receipts, the application number on the filing receipt is controlling.

Jump to MPEP Source · 37 CFR 1.54(b)Identifying the ApplicationCorrespondence Address RequirementsCorrespondence with the Office
StatutoryInformativeAlways
[mpep-503-15b7be3d4adb7991371852c4]
Filing Receipt Includes Application Details
Note:
The filing receipt contains the application number, filing date, confirmation number, and art unit number if available.

OPAP mails a filing receipt to the attorney or agent, if any, otherwise to the applicant, at the correspondence address of record for each application filed which meets the minimum requirements to receive a filing date. The filing receipt includes the application number, filing date, a confirmation number, and, if available, the number of an art unit where the application is likely to be examined. The filing receipt also includes other information about the application as applicable, such as continuing data, national stage data, foreign priority data, foreign filing license data, entity status information, and the date the Office anticipates publishing the application under 35 U.S.C. 122(b). The filing receipt represents the official assignment by the USPTO of a specific application number and confirmation number to a particular application. See 37 CFR 1.54(b). The application number officially assigned to an application on the filing receipt may differ from the application number identified on a postcard receipt submitted with such application, and, as between inconsistent filing receipts and postcard receipts, the application number on the filing receipt is controlling.

Jump to MPEP Source · 37 CFR 1.54(b)Identifying the ApplicationAccess to National Stage ApplicationsAccess to International Applications (MPEP 110)
StatutoryInformativeAlways
[mpep-503-5e99ec011601123fc65b2cc1]
Filing Receipt Assigns Application Number and Confirmation
Note:
The filing receipt officially assigns a specific application number and confirmation number to an application filed with the USPTO.

OPAP mails a filing receipt to the attorney or agent, if any, otherwise to the applicant, at the correspondence address of record for each application filed which meets the minimum requirements to receive a filing date. The filing receipt includes the application number, filing date, a confirmation number, and, if available, the number of an art unit where the application is likely to be examined. The filing receipt also includes other information about the application as applicable, such as continuing data, national stage data, foreign priority data, foreign filing license data, entity status information, and the date the Office anticipates publishing the application under 35 U.S.C. 122(b). The filing receipt represents the official assignment by the USPTO of a specific application number and confirmation number to a particular application. See 37 CFR 1.54(b). The application number officially assigned to an application on the filing receipt may differ from the application number identified on a postcard receipt submitted with such application, and, as between inconsistent filing receipts and postcard receipts, the application number on the filing receipt is controlling.

Jump to MPEP Source · 37 CFR 1.54(b)Identifying the ApplicationAccess to National Stage ApplicationsAccess to International Applications (MPEP 110)
StatutoryPermittedAlways
[mpep-503-1cfe52a787dde71fe7998f6a]
Filing Receipt Controls Application Number
Note:
The application number on the filing receipt takes precedence over any conflicting number on a postcard receipt.

OPAP mails a filing receipt to the attorney or agent, if any, otherwise to the applicant, at the correspondence address of record for each application filed which meets the minimum requirements to receive a filing date. The filing receipt includes the application number, filing date, a confirmation number, and, if available, the number of an art unit where the application is likely to be examined. The filing receipt also includes other information about the application as applicable, such as continuing data, national stage data, foreign priority data, foreign filing license data, entity status information, and the date the Office anticipates publishing the application under 35 U.S.C. 122(b). The filing receipt represents the official assignment by the USPTO of a specific application number and confirmation number to a particular application. See 37 CFR 1.54(b). The application number officially assigned to an application on the filing receipt may differ from the application number identified on a postcard receipt submitted with such application, and, as between inconsistent filing receipts and postcard receipts, the application number on the filing receipt is controlling.

Jump to MPEP Source · 37 CFR 1.54(b)Identifying the ApplicationAccess to National Stage ApplicationsAccess to International Applications (MPEP 110)
Topic

Continued Prosecution Applications

4 rules
StatutoryInformativeAlways
[mpep-503-8aa8f5e27fca32c7a7d2d442]
Continued Prosecution Application Uses Prior Number
Note:
A design application filed as a continued prosecution will be assigned the same application number as its prior filing.

A continued prosecution application (CPA) filed under 37 CFR 1.53(d) (design applications only) will be assigned the application number of the prior application for identification purposes.

Jump to MPEP Source · 37 CFR 1.53(d)Continued Prosecution ApplicationsApplication Types and Filing
StatutoryInformativeAlways
[mpep-503-41cd9a7942d12385a5dc9d3a]
Filing Date for Nonprovisional Applications with or without Claims
Note:
Nonprovisional applications, except design patents and certain CPAs, can receive a filing date based on the receipt of the specification, regardless of claims.

A nonprovisional application, other than an application for a design patent including a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, with or without claims. An application for a design patent, other than a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, including at least one claim, and any required drawings. See 37 CFR 1.53(b). A CPA is entitled to a filing date as of the date that a proper request under 37 CFR 1.53(d) is filed. The filing receipt will be mailed at the time a determination is made that the application meets the minimum requirements to receive a filing date. The inventor's oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506). See 37 CFR 1.53(f). If the inventor's oath or declaration, basic filing fee, and/or any required search fee and examination fee with the appropriate surcharge are not timely filed, the application will be abandoned. For original (non-reissue) applications filed on or after September 16, 2012, the filing of the inventor’s oath or declaration may be postponed until the date the issue fee is paid if an application data sheet in accordance with 37 CFR 1.76 is timely filed providing the required inventor information. See 35 U.S.C. 115(f) and 37 CFR 1.53(f). The surcharge required for filing the inventor’s oath or declaration after the filing date of the application, however, must be paid on filing of the application or in response to a Notice to File Missing Parts. Also, for applications filed on or after December 18, 2013, the filing of at least one claim may be postponed until the expiration of the time period set in Notice to File Missing Parts. Claim(s) and the surcharge must be filed in response to the Notice to File Missing Parts. See MPEP § 506.

Jump to MPEP Source · 37 CFR 1.53(d)Continued Prosecution ApplicationsNonprovisional ApplicationsApplication Types and Filing
StatutoryRequiredAlways
[mpep-503-2d1b05cabac2908b5c541844]
Design Patent Filing Date Upon Receipt
Note:
A design patent application is entitled to a filing date based on the receipt of the specification, at least one claim, and any required drawings.

A nonprovisional application, other than an application for a design patent including a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, with or without claims. An application for a design patent, other than a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, including at least one claim, and any required drawings. See 37 CFR 1.53(b). A CPA is entitled to a filing date as of the date that a proper request under 37 CFR 1.53(d) is filed. The filing receipt will be mailed at the time a determination is made that the application meets the minimum requirements to receive a filing date. The inventor's oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506). See 37 CFR 1.53(f). If the inventor's oath or declaration, basic filing fee, and/or any required search fee and examination fee with the appropriate surcharge are not timely filed, the application will be abandoned. For original (non-reissue) applications filed on or after September 16, 2012, the filing of the inventor’s oath or declaration may be postponed until the date the issue fee is paid if an application data sheet in accordance with 37 CFR 1.76 is timely filed providing the required inventor information. See 35 U.S.C. 115(f) and 37 CFR 1.53(f). The surcharge required for filing the inventor’s oath or declaration after the filing date of the application, however, must be paid on filing of the application or in response to a Notice to File Missing Parts. Also, for applications filed on or after December 18, 2013, the filing of at least one claim may be postponed until the expiration of the time period set in Notice to File Missing Parts. Claim(s) and the surcharge must be filed in response to the Notice to File Missing Parts. See MPEP § 506.

Jump to MPEP Source · 37 CFR 1.53(d)Continued Prosecution ApplicationsApplication Types and FilingDesign Patent Practice
StatutoryInformativeAlways
[mpep-503-69df0750e3ba2317088c0eb4]
CPA Entitled to Filing Date Upon Proper Request
Note:
A CPA is entitled to a filing date based on the date of a proper request under 37 CFR 1.53(d).

A nonprovisional application, other than an application for a design patent including a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, with or without claims. An application for a design patent, other than a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, including at least one claim, and any required drawings. See 37 CFR 1.53(b). A CPA is entitled to a filing date as of the date that a proper request under 37 CFR 1.53(d) is filed. The filing receipt will be mailed at the time a determination is made that the application meets the minimum requirements to receive a filing date. The inventor's oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506). See 37 CFR 1.53(f). If the inventor's oath or declaration, basic filing fee, and/or any required search fee and examination fee with the appropriate surcharge are not timely filed, the application will be abandoned. For original (non-reissue) applications filed on or after September 16, 2012, the filing of the inventor’s oath or declaration may be postponed until the date the issue fee is paid if an application data sheet in accordance with 37 CFR 1.76 is timely filed providing the required inventor information. See 35 U.S.C. 115(f) and 37 CFR 1.53(f). The surcharge required for filing the inventor’s oath or declaration after the filing date of the application, however, must be paid on filing of the application or in response to a Notice to File Missing Parts. Also, for applications filed on or after December 18, 2013, the filing of at least one claim may be postponed until the expiration of the time period set in Notice to File Missing Parts. Claim(s) and the surcharge must be filed in response to the Notice to File Missing Parts. See MPEP § 506.

Jump to MPEP Source · 37 CFR 1.53(d)Continued Prosecution ApplicationsApplication Types and FilingAIA Effective Dates
Topic

Notice of Appeal Filing

4 rules
StatutoryRecommendedAlways
[mpep-503-67202d5326e76376aa62b39a]
Postcard Must Clearly Identify Filing Item
Note:
The postcard must include complete identifying data to clearly specify the item being filed, such as inventor’s name and application details.

The identifying data on the postcard should be so complete as to clearly identify the item for which a receipt is requested. For example, the postcard should identify the inventor’s name, application number (if known), confirmation number (if known), filing date, interference number, title of the invention, etc. The postcard should also identify the type of paper being filed, e.g., new application, affidavit, amendment, notice of appeal, appeal brief, drawings, fees, motions, supplemental oath or declaration, petition, etc., and the number of pages being submitted. If a new application is being filed, all parts of the application being submitted should be separately listed on the postcard, e.g., the number of pages of specification (including written description, claims and abstract), number of claims, number of sheets of drawings, number of pages of oath/declaration, number of pages of cover sheet (provisional application).

Jump to MPEP Source · 37 CFR 1.54Notice of Appeal FilingNotice of AppealEx Parte Appeals to PTAB
StatutoryRecommendedAlways
[mpep-503-bc4d645e9640daec0e1e4240]
Postcard Must Identify Application Details
Note:
The postcard must include complete identifying data such as inventor’s name, application number, filing date, and more to clearly identify the item for which a receipt is requested.

The identifying data on the postcard should be so complete as to clearly identify the item for which a receipt is requested. For example, the postcard should identify the inventor’s name, application number (if known), confirmation number (if known), filing date, interference number, title of the invention, etc. The postcard should also identify the type of paper being filed, e.g., new application, affidavit, amendment, notice of appeal, appeal brief, drawings, fees, motions, supplemental oath or declaration, petition, etc., and the number of pages being submitted. If a new application is being filed, all parts of the application being submitted should be separately listed on the postcard, e.g., the number of pages of specification (including written description, claims and abstract), number of claims, number of sheets of drawings, number of pages of oath/declaration, number of pages of cover sheet (provisional application).

Jump to MPEP Source · 37 CFR 1.54Notice of Appeal FilingNotice of AppealEx Parte Appeals to PTAB
StatutoryRecommendedAlways
[mpep-503-22abf7f0822d4df9399d5197]
Postcard Must Identify Filed Document Type and Page Count
Note:
The postcard must clearly identify the type of document being filed and the number of pages submitted.

The identifying data on the postcard should be so complete as to clearly identify the item for which a receipt is requested. For example, the postcard should identify the inventor’s name, application number (if known), confirmation number (if known), filing date, interference number, title of the invention, etc. The postcard should also identify the type of paper being filed, e.g., new application, affidavit, amendment, notice of appeal, appeal brief, drawings, fees, motions, supplemental oath or declaration, petition, etc., and the number of pages being submitted. If a new application is being filed, all parts of the application being submitted should be separately listed on the postcard, e.g., the number of pages of specification (including written description, claims and abstract), number of claims, number of sheets of drawings, number of pages of oath/declaration, number of pages of cover sheet (provisional application).

Jump to MPEP Source · 37 CFR 1.54Notice of Appeal FilingNotice of AppealEx Parte Appeals to PTAB
StatutoryRecommendedAlways
[mpep-503-07b4eebc66b6fe1d888e3e32]
Parts of Application Must Be Separately Listed on Postcard for New Applications
Note:
For new applications, all parts including specification, claims, drawings, oath/declaration, and cover sheet must be separately listed on the postcard.

The identifying data on the postcard should be so complete as to clearly identify the item for which a receipt is requested. For example, the postcard should identify the inventor’s name, application number (if known), confirmation number (if known), filing date, interference number, title of the invention, etc. The postcard should also identify the type of paper being filed, e.g., new application, affidavit, amendment, notice of appeal, appeal brief, drawings, fees, motions, supplemental oath or declaration, petition, etc., and the number of pages being submitted. If a new application is being filed, all parts of the application being submitted should be separately listed on the postcard, e.g., the number of pages of specification (including written description, claims and abstract), number of claims, number of sheets of drawings, number of pages of oath/declaration, number of pages of cover sheet (provisional application).

Jump to MPEP Source · 37 CFR 1.54Notice of Appeal FilingNotice of AppealEx Parte Appeals to PTAB
Topic

Sequence Listing Requirements

3 rules
StatutoryInformativeAlways
[mpep-503-bb402aa447d20e1c2423bc77]
Electronic Acknowledgement Receipt for Successful Submission
Note:
Provides a receipt after a successful submission via the USPTO patent electronic filing system.

For applications filed via the USPTO patent electronic filing system, after the Office receives a successful submission, an Electronic Acknowledgement Receipt is provided to the person filing the application. The acknowledgment receipt contains the "receipt date," the time the correspondence was received at the Office (not the local time at the submitter's location), and a full listing of the correspondence submitted. The Electronic Acknowledgement Receipt is the electronic equivalent of a postcard receipt. See MPEP § 502.05.

Jump to MPEP Source · 37 CFR 1.54Sequence Listing Requirements
StatutoryInformativeAlways
[mpep-503-2f98069d25d1048acbebbea0]
Electronic Acknowledgement Receipt Contains Submission Details
Note:
The electronic acknowledgment receipt includes the submission date, time received at the Office, and a full list of submitted correspondence.

For applications filed via the USPTO patent electronic filing system, after the Office receives a successful submission, an Electronic Acknowledgement Receipt is provided to the person filing the application. The acknowledgment receipt contains the "receipt date," the time the correspondence was received at the Office (not the local time at the submitter's location), and a full listing of the correspondence submitted. The Electronic Acknowledgement Receipt is the electronic equivalent of a postcard receipt. See MPEP § 502.05.

Jump to MPEP Source · 37 CFR 1.54Sequence Listing Requirements
StatutoryInformativeAlways
[mpep-503-7ce5f746486105834c7cc115]
Electronic Acknowledgement Receipt Is Required for Filing
Note:
For applications filed via the USPTO electronic system, an Electronic Acknowledgement Receipt must be provided after successful submission.

For applications filed via the USPTO patent electronic filing system, after the Office receives a successful submission, an Electronic Acknowledgement Receipt is provided to the person filing the application. The acknowledgment receipt contains the "receipt date," the time the correspondence was received at the Office (not the local time at the submitter's location), and a full listing of the correspondence submitted. The Electronic Acknowledgement Receipt is the electronic equivalent of a postcard receipt. See MPEP § 502.05.

Jump to MPEP Source · 37 CFR 1.54Sequence Listing Requirements
Topic

Filing Receipt

3 rules
StatutoryRecommendedAlways
[mpep-503-0c4c7128964b45fbb9beb25e]
Identifying Data for Postcards Required
Note:
The postcard must include the inventor's name, title of invention, specification and claims details, oath or declaration, additional forms, and fee payment information.
The identifying data on the postcard should include:
  • (A) inventor’s name(s);
  • (B) title of invention;
  • (C) number of pages of specification, claims (for nonprovisional applications), and sheet(s) of drawing(s);
  • (D) whether the inventor's oath or declaration is included;
  • (E) a list of any additional forms included with the application (e.g., application transmittal form, application data sheet, fee transmittal form, and/or provisional application cover sheet); and
  • (F) amount and manner of paying the fee.
Jump to MPEP Source · 37 CFR 1.54Filing ReceiptApplication IdentificationPriority/Benefit Claims in ADS
StatutoryInformativeAlways
[mpep-503-da077bc6b61291274083302d]
Postcard Receipt Does Not Serve as Prima Facie Evidence of Missing Components
Note:
The postcard receipt will not be considered proof of receiving an application if it does not adequately list all required components.

The postcard receipt will not serve as prima facie evidence of receipt of any item which is not adequately itemized on the postcard. For example, merely listing on the postcard “a complete application” or “patent application” will not serve as a proper receipt for each of the required components of an application (e.g., specification (including claims), drawings (if necessary), oath or declaration and the application filing fee) or missing portions (e.g., pages, sheets of drawings) of an application if one of the components or portion of a component is found to be missing by the USPTO. Each separate component should be specifically and properly itemized on the postcard. Furthermore, merely incorporating by reference in the postcard receipt, the items listed in a transmittal letter will not serve as prima facie evidence of receipt of those items.

Jump to MPEP Source · 37 CFR 1.54Filing ReceiptApplication IdentificationComponents Required for Filing Date
StatutoryRecommendedAlways
[mpep-503-0d9948531a83cc86a9e2fee7]
Components Must Be Specifically Itemized on Postcard
Note:
Each separate component of an application must be specifically and properly itemized on the postcard. Incorporating items listed in a transmittal letter by reference does not serve as evidence of receipt.

The postcard receipt will not serve as prima facie evidence of receipt of any item which is not adequately itemized on the postcard. For example, merely listing on the postcard “a complete application” or “patent application” will not serve as a proper receipt for each of the required components of an application (e.g., specification (including claims), drawings (if necessary), oath or declaration and the application filing fee) or missing portions (e.g., pages, sheets of drawings) of an application if one of the components or portion of a component is found to be missing by the USPTO. Each separate component should be specifically and properly itemized on the postcard. Furthermore, merely incorporating by reference in the postcard receipt, the items listed in a transmittal letter will not serve as prima facie evidence of receipt of those items.

Jump to MPEP Source · 37 CFR 1.54Filing ReceiptApplication IdentificationComponents Required for Filing Date
Topic

Examiner Docket Management

3 rules
StatutoryRequiredAlways
[mpep-503-3bfd9a8408a205ae1834b089]
Docket Numbers Must Be 25 Characters Long
Note:
Attorney docket numbers must not exceed 25 characters to prevent truncation in the USPTO system database.

Attorney docket numbers must be limited to a maximum of 25 characters to prevent truncation. The USPTO system data base allows a maximum of 25 characters for the attorney docket numbers. Spaces, slashes, and hyphens will no longer be included in the entered docket number on the official filing receipt. In an application where CASE or NAVY-CASE appears before the first character in the docket number, only the characters after CASE or NAVY-CASE will be entered on the official filing receipt.

Jump to MPEP Source · 37 CFR 1.54Examiner Docket ManagementPatent Data Management SystemsPatent Data Retrieval
StatutoryInformativeAlways
[mpep-503-a4a5be976ce50346afac1025]
Docket Number Must Exclude Spaces, Slashes, and Hyphens
Note:
The docket number must not include spaces, slashes, and hyphens on the official filing receipt.

Attorney docket numbers must be limited to a maximum of 25 characters to prevent truncation. The USPTO system data base allows a maximum of 25 characters for the attorney docket numbers. Spaces, slashes, and hyphens will no longer be included in the entered docket number on the official filing receipt. In an application where CASE or NAVY-CASE appears before the first character in the docket number, only the characters after CASE or NAVY-CASE will be entered on the official filing receipt.

Jump to MPEP Source · 37 CFR 1.54Examiner Docket ManagementPatent Data Management SystemsPatent Data Retrieval
StatutoryInformativeAlways
[mpep-503-29fb1f8a5d6dc97db27bba8e]
Docket Number After CASE or NAVY-CASE Required
Note:
Only characters after 'CASE' or 'NAVY-CASE' are entered on the official filing receipt.

Attorney docket numbers must be limited to a maximum of 25 characters to prevent truncation. The USPTO system data base allows a maximum of 25 characters for the attorney docket numbers. Spaces, slashes, and hyphens will no longer be included in the entered docket number on the official filing receipt. In an application where CASE or NAVY-CASE appears before the first character in the docket number, only the characters after CASE or NAVY-CASE will be entered on the official filing receipt.

Jump to MPEP Source · 37 CFR 1.54Examiner Docket ManagementPatent Data Management SystemsPatent Data Retrieval
Topic

No Maintenance Fees for Designs

2 rules
StatutoryRequiredAlways
[mpep-503-603d8be2d61e009cf2629b09]
Inventor's Oath/Declaration and Fees Can Be Filed Later With Surcharge
Note:
The inventor's oath or declaration, basic filing fee, and search/examination fee can be filed after other application papers but must include the required surcharge.

A nonprovisional application, other than an application for a design patent including a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, with or without claims. An application for a design patent, other than a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, including at least one claim, and any required drawings. See 37 CFR 1.53(b). A CPA is entitled to a filing date as of the date that a proper request under 37 CFR 1.53(d) is filed. The filing receipt will be mailed at the time a determination is made that the application meets the minimum requirements to receive a filing date. The inventor's oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506). See 37 CFR 1.53(f). If the inventor's oath or declaration, basic filing fee, and/or any required search fee and examination fee with the appropriate surcharge are not timely filed, the application will be abandoned. For original (non-reissue) applications filed on or after September 16, 2012, the filing of the inventor’s oath or declaration may be postponed until the date the issue fee is paid if an application data sheet in accordance with 37 CFR 1.76 is timely filed providing the required inventor information. See 35 U.S.C. 115(f) and 37 CFR 1.53(f). The surcharge required for filing the inventor’s oath or declaration after the filing date of the application, however, must be paid on filing of the application or in response to a Notice to File Missing Parts. Also, for applications filed on or after December 18, 2013, the filing of at least one claim may be postponed until the expiration of the time period set in Notice to File Missing Parts. Claim(s) and the surcharge must be filed in response to the Notice to File Missing Parts. See MPEP § 506.

Jump to MPEP Source · 37 CFR 1.53(d)No Maintenance Fees for DesignsFiling, Search & Examination FeesApplication Types and Filing
StatutoryRequiredAlways
[mpep-503-def65474724246ca2656ad0e]
Inventor's Oath/Declaration and Fees Must Be Timely Filed
Note:
The inventor's oath or declaration, basic filing fee, and search/examination fees with surcharge must be timely filed to avoid application abandonment.

A nonprovisional application, other than an application for a design patent including a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, with or without claims. An application for a design patent, other than a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, including at least one claim, and any required drawings. See 37 CFR 1.53(b). A CPA is entitled to a filing date as of the date that a proper request under 37 CFR 1.53(d) is filed. The filing receipt will be mailed at the time a determination is made that the application meets the minimum requirements to receive a filing date. The inventor's oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506). See 37 CFR 1.53(f). If the inventor's oath or declaration, basic filing fee, and/or any required search fee and examination fee with the appropriate surcharge are not timely filed, the application will be abandoned. For original (non-reissue) applications filed on or after September 16, 2012, the filing of the inventor’s oath or declaration may be postponed until the date the issue fee is paid if an application data sheet in accordance with 37 CFR 1.76 is timely filed providing the required inventor information. See 35 U.S.C. 115(f) and 37 CFR 1.53(f). The surcharge required for filing the inventor’s oath or declaration after the filing date of the application, however, must be paid on filing of the application or in response to a Notice to File Missing Parts. Also, for applications filed on or after December 18, 2013, the filing of at least one claim may be postponed until the expiration of the time period set in Notice to File Missing Parts. Claim(s) and the surcharge must be filed in response to the Notice to File Missing Parts. See MPEP § 506.

Jump to MPEP Source · 37 CFR 1.53(d)No Maintenance Fees for DesignsFiling, Search & Examination FeesFee Requirements
Topic

Signature Requirements

1 rules
StatutoryPermittedAlways
[mpep-503-2933476f1a7572137bd1d02c]
Juristic Applicant or Patent Owner Can Sign Request for Filing Receipt
Note:
A juristic applicant or patent owner can sign a letter requesting a filing receipt.

(b) Applicant will be informed of the application number and filing date by a filing receipt, unless the application is an application filed under § 1.53(d). A letter limited to a request for a filing receipt may be signed by a juristic applicant or patent owner.

Jump to MPEP Source · 37 CFR 1.53(d)Signature RequirementsApplication Types and Filing
Topic

Reissue and Reexamination

1 rules
StatutoryPermittedAlways
[mpep-503-7ff5b96128e3bf2ba70625df]
Series Codes Assigned to Applications
Note:
This rule assigns specific series codes to different types of applications and proceedings, including utility, plant, reissue, design, international design, provisional, ex parte reexamination, inter partes reexamination, and supplemental examination.
The following series codes are assigned to the applications identified below:
  • (A) 01/ – 18/ – for nonprovisional applications (utility, plant, and reissue), during the following time periods:
    • 01 –1925 to 1934,
    • 02 – 1935 to 1947,
    • 03 – 1948 to 1959,
    • 04 – 1960 to 1969,
    • 05 – 1970 to 1978,
    • 06 – 1979 to 1986,
    • 07 – 1987 to 1992,
    • 08 – 1993 to 1997,
    • 09 – 1998 to Nov. 2001,
    • 10 – Dec. 2001 to Nov. 2004,
    • 11 – Dec. 2004 to Dec. 2007,
    • 12 – Dec. 2007 to Mar. 2011,
    • 13 – Dec. 2010 to Aug. 2013,
    • 14 – Aug. 2013 to July 2016,
    • 15 – Jan. 2016 to June 2018,
    • 16 – June 2018 to August 2020,
    • 17 – August 2020 to March 2023, and
    • 18 – November 2022 to present;
  • (B) 29/ – for design applications;
  • (C) 35/ – for international design applications;
  • (D) 60/ – 63/ – for provisional applications during the following time periods:
    • 60 – June 1995 to October 2007, 61 – October 2007 to August 2014, 62 – May 2014 to March 2022, and 63 – March 2020 to present;
  • (E) 90/ – for ex parte reexamination proceedings;
  • (F) 95/ – for inter partes reexamination proceedings; and
  • (G) 96/ – for supplemental examination proceedings and resulting ex parte reexamination proceedings.
Jump to MPEP Source · 37 CFR 1.54Reissue and ReexaminationConcurrent Reissue ProceedingsReissue Patent Practice
Topic

Access to National Stage Applications

1 rules
StatutoryInformativeAlways
[mpep-503-b072a69633562a4f1820e713]
Filing Receipt Includes Additional Application Data
Note:
The filing receipt provides information about the application including continuing data, national stage data, foreign priority and filing license data, entity status, and anticipated publication date.

OPAP mails a filing receipt to the attorney or agent, if any, otherwise to the applicant, at the correspondence address of record for each application filed which meets the minimum requirements to receive a filing date. The filing receipt includes the application number, filing date, a confirmation number, and, if available, the number of an art unit where the application is likely to be examined. The filing receipt also includes other information about the application as applicable, such as continuing data, national stage data, foreign priority data, foreign filing license data, entity status information, and the date the Office anticipates publishing the application under 35 U.S.C. 122(b). The filing receipt represents the official assignment by the USPTO of a specific application number and confirmation number to a particular application. See 37 CFR 1.54(b). The application number officially assigned to an application on the filing receipt may differ from the application number identified on a postcard receipt submitted with such application, and, as between inconsistent filing receipts and postcard receipts, the application number on the filing receipt is controlling.

Jump to MPEP Source · 37 CFR 1.54(b)Access to National Stage ApplicationsAccess to International Applications (MPEP 110)Effect of Licenses on Entity Status
Topic

Intervening Rights After Reinstatement

1 rules
StatutoryInformativeAlways
[mpep-503-dcf80e1db8671c5cce020610]
Filing Receipt for Meeting Minimum Requirements
Note:
The filing receipt will be mailed when the application meets the minimum requirements to receive a filing date.

A nonprovisional application, other than an application for a design patent including a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, with or without claims. An application for a design patent, other than a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, including at least one claim, and any required drawings. See 37 CFR 1.53(b). A CPA is entitled to a filing date as of the date that a proper request under 37 CFR 1.53(d) is filed. The filing receipt will be mailed at the time a determination is made that the application meets the minimum requirements to receive a filing date. The inventor's oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506). See 37 CFR 1.53(f). If the inventor's oath or declaration, basic filing fee, and/or any required search fee and examination fee with the appropriate surcharge are not timely filed, the application will be abandoned. For original (non-reissue) applications filed on or after September 16, 2012, the filing of the inventor’s oath or declaration may be postponed until the date the issue fee is paid if an application data sheet in accordance with 37 CFR 1.76 is timely filed providing the required inventor information. See 35 U.S.C. 115(f) and 37 CFR 1.53(f). The surcharge required for filing the inventor’s oath or declaration after the filing date of the application, however, must be paid on filing of the application or in response to a Notice to File Missing Parts. Also, for applications filed on or after December 18, 2013, the filing of at least one claim may be postponed until the expiration of the time period set in Notice to File Missing Parts. Claim(s) and the surcharge must be filed in response to the Notice to File Missing Parts. See MPEP § 506.

Jump to MPEP Source · 37 CFR 1.53(d)Intervening Rights After ReinstatementAIA Effective DatesNo Maintenance Fees for Designs
Topic

AIA Effective Dates

1 rules
StatutoryRequiredAlways
[mpep-503-09700775f8ebbb60eb594dd6]
Inventor Data Sheet for Postponed Oath/Declaration
Note:
For original applications filed on or after September 16, 2012, an application data sheet can provide inventor information to postpone filing the inventor’s oath or declaration until issue fee payment.

A nonprovisional application, other than an application for a design patent including a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, with or without claims. An application for a design patent, other than a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, including at least one claim, and any required drawings. See 37 CFR 1.53(b). A CPA is entitled to a filing date as of the date that a proper request under 37 CFR 1.53(d) is filed. The filing receipt will be mailed at the time a determination is made that the application meets the minimum requirements to receive a filing date. The inventor's oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506). See 37 CFR 1.53(f). If the inventor's oath or declaration, basic filing fee, and/or any required search fee and examination fee with the appropriate surcharge are not timely filed, the application will be abandoned. For original (non-reissue) applications filed on or after September 16, 2012, the filing of the inventor’s oath or declaration may be postponed until the date the issue fee is paid if an application data sheet in accordance with 37 CFR 1.76 is timely filed providing the required inventor information. See 35 U.S.C. 115(f) and 37 CFR 1.53(f). The surcharge required for filing the inventor’s oath or declaration after the filing date of the application, however, must be paid on filing of the application or in response to a Notice to File Missing Parts. Also, for applications filed on or after December 18, 2013, the filing of at least one claim may be postponed until the expiration of the time period set in Notice to File Missing Parts. Claim(s) and the surcharge must be filed in response to the Notice to File Missing Parts. See MPEP § 506.

Jump to MPEP Source · 37 CFR 1.53(d)AIA Effective DatesNo Maintenance Fees for DesignsDesign Term and Reissue
Topic

Design Patent Term

1 rules
StatutoryRequiredAlways
[mpep-503-be0a89853f7fbedaf027aec1]
Inventor’s Oath/Declaration and Claims Must Be Filed Promptly
Note:
The inventor's oath or declaration, basic filing fee, and search/examination fees must be filed with the application or in response to a Notice to File Missing Parts. For applications on or after December 18, 2013, at least one claim can be postponed until the expiration of the time period set in the Notice.

A nonprovisional application, other than an application for a design patent including a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, with or without claims. An application for a design patent, other than a CPA filed under 37 CFR 1.53(d), is entitled to a filing date as of the date of receipt of the specification, including at least one claim, and any required drawings. See 37 CFR 1.53(b). A CPA is entitled to a filing date as of the date that a proper request under 37 CFR 1.53(d) is filed. The filing receipt will be mailed at the time a determination is made that the application meets the minimum requirements to receive a filing date. The inventor's oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506). See 37 CFR 1.53(f). If the inventor's oath or declaration, basic filing fee, and/or any required search fee and examination fee with the appropriate surcharge are not timely filed, the application will be abandoned. For original (non-reissue) applications filed on or after September 16, 2012, the filing of the inventor’s oath or declaration may be postponed until the date the issue fee is paid if an application data sheet in accordance with 37 CFR 1.76 is timely filed providing the required inventor information. See 35 U.S.C. 115(f) and 37 CFR 1.53(f). The surcharge required for filing the inventor’s oath or declaration after the filing date of the application, however, must be paid on filing of the application or in response to a Notice to File Missing Parts. Also, for applications filed on or after December 18, 2013, the filing of at least one claim may be postponed until the expiration of the time period set in Notice to File Missing Parts. Claim(s) and the surcharge must be filed in response to the Notice to File Missing Parts. See MPEP § 506.

Jump to MPEP Source · 37 CFR 1.53(d)Design Patent TermFee RequirementsLate Payment and Reinstatement
Topic

Provisional Application Requirements

1 rules
StatutoryRequiredAlways
[mpep-503-bb0b422d04163cfc64d6b93c]
Filing Requirements for Provisional Applications
Note:
A provisional application filed on or after December 18, 2013 is entitled to a filing date upon receipt of the specification, with or without claims. For applications filed before this date, drawings are also required.

A provisional application filed on or after December 18, 2013 is entitled to a filing date as of the date of receipt of the specification, with or without claims, in the Office (37 CFR 1.53(c)); a provisional application filed before December 18, 2013 must also include any required drawings to be entitled to a filing date (pre-PLT (AIA) 37 CFR 1.53 (c)). See also MPEP § 608.02, subsection I. See 37 CFR 1.53(c). A cover sheet (37 CFR 1.51(c)(1)), which may be an application data sheet (37 CFR 1.76) or a cover letter, identifying the application as a provisional application is required to prevent the provisional application from being treated as a nonprovisional application. 37 CFR 1.53(c)(1).

Jump to MPEP Source · 37 CFR 1.53(c))Provisional Application RequirementsPriority/Benefit Claims in ADSComponents Required for Filing Date
Topic

Conversion to Nonprovisional

1 rules
StatutoryRequiredAlways
[mpep-503-eebbff5d96995ab3a874d520]
Cover Sheet Requirement for Provisional Application
Note:
A cover sheet identifying the application as provisional is required to prevent it from being treated as a nonprovisional application.

A provisional application filed on or after December 18, 2013 is entitled to a filing date as of the date of receipt of the specification, with or without claims, in the Office (37 CFR 1.53(c)); a provisional application filed before December 18, 2013 must also include any required drawings to be entitled to a filing date (pre-PLT (AIA) 37 CFR 1.53 (c)). See also MPEP § 608.02, subsection I. See 37 CFR 1.53(c). A cover sheet (37 CFR 1.51(c)(1)), which may be an application data sheet (37 CFR 1.76) or a cover letter, identifying the application as a provisional application is required to prevent the provisional application from being treated as a nonprovisional application. 37 CFR 1.53(c)(1).

Jump to MPEP Source · 37 CFR 1.53(c))Conversion to NonprovisionalProvisional Application RequirementsPriority/Benefit Claims in ADS
Topic

Patent Data Retrieval

1 rules
StatutoryInformativeAlways
[mpep-503-798d94af08d820e69fc7654a]
Attorney Docket Numbers Must Be Limited to 25 Characters
Note:
The USPTO system database limits attorney docket numbers to a maximum of 25 characters to prevent truncation.

Attorney docket numbers must be limited to a maximum of 25 characters to prevent truncation. The USPTO system data base allows a maximum of 25 characters for the attorney docket numbers. Spaces, slashes, and hyphens will no longer be included in the entered docket number on the official filing receipt. In an application where CASE or NAVY-CASE appears before the first character in the docket number, only the characters after CASE or NAVY-CASE will be entered on the official filing receipt.

Jump to MPEP Source · 37 CFR 1.54Patent Data RetrievalExaminer Docket ManagementPatent Data Management Systems
Topic

Priority Mail Express

1 rules
StatutoryInformativeAlways
[mpep-503-4c472e84986f587441acf06f]
Applications Not Returned Regardless of Filing Method
Note:
Applications filed by various methods, including regular mail and electronic filing, cannot be returned to the applicant even if requested.

Applications which are entitled to a filing date, whether filed by regular mail, by Priority Mail Express ® under 37 CFR 1.10, by hand-delivery, by the USPTO patent electronic filing system, or otherwise, will not be returned to applicant even if requested. See 37 CFR 1.59. Accordingly, applicants must be careful not to file applications which are not intended to be filed, e.g., duplicates of applications already filed. Note that 37 CFR 1.26(a) provides that a change of purpose after the payment of a fee, as when a party desires to withdraw the filing of a patent application for which the fee was paid, will not entitle the party to a refund of such fee. See MPEP § 607.02.

Jump to MPEP Source · 37 CFR 1.10Priority Mail ExpressCertificate of Mailing and TransmissionMaintenance Fee Amounts
Topic

PTAB Jurisdiction

1 rules
StatutoryRequiredAlways
[mpep-503-08206d660f774dfb6c3abd18]
Avoid Filing Duplicate Patent Applications
Note:
Applicants must ensure they do not file duplicate patent applications, as even if requested, unauthorized filings will not be returned.

Applications which are entitled to a filing date, whether filed by regular mail, by Priority Mail Express ® under 37 CFR 1.10, by hand-delivery, by the USPTO patent electronic filing system, or otherwise, will not be returned to applicant even if requested. See 37 CFR 1.59. Accordingly, applicants must be careful not to file applications which are not intended to be filed, e.g., duplicates of applications already filed. Note that 37 CFR 1.26(a) provides that a change of purpose after the payment of a fee, as when a party desires to withdraw the filing of a patent application for which the fee was paid, will not entitle the party to a refund of such fee. See MPEP § 607.02.

Jump to MPEP Source · 37 CFR 1.10PTAB JurisdictionPriority Mail ExpressMaintenance Fee Amounts
Topic

Maintenance Fee Amounts

1 rules
StatutoryInformativeAlways
[mpep-503-7545756b9db6806861aefbad]
No Refund for Fee After Change of Purpose
Note:
A party that pays a fee and then changes the purpose of filing a patent application is not entitled to a refund of the fee.

Applications which are entitled to a filing date, whether filed by regular mail, by Priority Mail Express ® under 37 CFR 1.10, by hand-delivery, by the USPTO patent electronic filing system, or otherwise, will not be returned to applicant even if requested. See 37 CFR 1.59. Accordingly, applicants must be careful not to file applications which are not intended to be filed, e.g., duplicates of applications already filed. Note that 37 CFR 1.26(a) provides that a change of purpose after the payment of a fee, as when a party desires to withdraw the filing of a patent application for which the fee was paid, will not entitle the party to a refund of such fee. See MPEP § 607.02.

Jump to MPEP Source · 37 CFR 1.10Maintenance Fee AmountsMaintenance Fee PaymentPTAB Contested Case Procedures
Topic

Components Required for Filing Date

1 rules
StatutoryRequiredAlways
[mpep-503-baf90295f151fb8865061dc8]
Components Required for Filing Date
Note:
Each component of a patent application, including specification, claims, drawings, oath/declaration, and filing fee, must be specifically itemized on the postcard receipt.

The postcard receipt will not serve as prima facie evidence of receipt of any item which is not adequately itemized on the postcard. For example, merely listing on the postcard “a complete application” or “patent application” will not serve as a proper receipt for each of the required components of an application (e.g., specification (including claims), drawings (if necessary), oath or declaration and the application filing fee) or missing portions (e.g., pages, sheets of drawings) of an application if one of the components or portion of a component is found to be missing by the USPTO. Each separate component should be specifically and properly itemized on the postcard. Furthermore, merely incorporating by reference in the postcard receipt, the items listed in a transmittal letter will not serve as prima facie evidence of receipt of those items.

Jump to MPEP Source · 37 CFR 1.54Components Required for Filing DateFiling Date Deficiency NoticeFiling, Search & Examination Fees

Citations

Primary topicCitation
AIA Effective Dates
Continued Prosecution Applications
Design Patent Term
Fee Requirements
Intervening Rights After Reinstatement
No Maintenance Fees for Designs
35 U.S.C. § 115(f)
Access to National Stage Applications
Identifying the Application
35 U.S.C. § 122(b)
Maintenance Fee Amounts
PTAB Jurisdiction
Priority Mail Express
37 CFR § 1.10
AIA Effective Dates
Continued Prosecution Applications
Design Patent Term
Fee Requirements
Intervening Rights After Reinstatement
No Maintenance Fees for Designs
37 CFR § 1.16
Maintenance Fee Amounts
PTAB Jurisdiction
Priority Mail Express
37 CFR § 1.26(a)
Application Types and Filing
Conversion to Nonprovisional
Provisional Application Requirements
37 CFR § 1.51(c)(1)
Application Types and Filing
Conversion to Nonprovisional
Provisional Application Requirements
37 CFR § 1.53
Application Types and Filing37 CFR § 1.53(a)
AIA Effective Dates
Application Types and Filing
Continued Prosecution Applications
Design Patent Term
Fee Requirements
Intervening Rights After Reinstatement
No Maintenance Fees for Designs
37 CFR § 1.53(b)
Application Types and Filing
Conversion to Nonprovisional
Provisional Application Requirements
37 CFR § 1.53(c)
Application Types and Filing
Conversion to Nonprovisional
Provisional Application Requirements
37 CFR § 1.53(c)(1)
AIA Effective Dates
Application Types and Filing
Continued Prosecution Applications
Design Patent Term
Fee Requirements
Intervening Rights After Reinstatement
No Maintenance Fees for Designs
Signature Requirements
37 CFR § 1.53(d)
AIA Effective Dates
Application Types and Filing
Continued Prosecution Applications
Design Patent Term
Fee Requirements
Intervening Rights After Reinstatement
No Maintenance Fees for Designs
37 CFR § 1.53(f)
Access to National Stage Applications
Identifying the Application
37 CFR § 1.54(b)
Maintenance Fee Amounts
PTAB Jurisdiction
Priority Mail Express
37 CFR § 1.59
AIA Effective Dates
Application Types and Filing
Continued Prosecution Applications
Conversion to Nonprovisional
Design Patent Term
Fee Requirements
Intervening Rights After Reinstatement
No Maintenance Fees for Designs
Provisional Application Requirements
37 CFR § 1.76
Fee Requirements
Sequence Listing Requirements
MPEP § 502.05
AIA Effective Dates
Continued Prosecution Applications
Design Patent Term
Fee Requirements
Intervening Rights After Reinstatement
No Maintenance Fees for Designs
MPEP § 506
Maintenance Fee Amounts
PTAB Jurisdiction
Priority Mail Express
MPEP § 607.02
Application Types and Filing
Conversion to Nonprovisional
Provisional Application Requirements
MPEP § 608.02

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2026-01-17