35 U.S.C. § 111 — Application (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 111 Application
This page consolidates MPEP guidance interpreting 35 U.S.C. § 111, including 1074 rules 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.
Summary
This article provides guidance on the filing requirements for national patent applications, including ensuring all required components are included and compliance with 35 U.S.C. 111.
What this section covers
- This section covers the filing requirements for national patent applications, including content and filing date components.
- The core topic is providing guidance on how to properly file a national patent application.
Key obligations
- Practitioners must ensure the application includes all required components and is filed on or after December 18, 2013.
- Practitioners must include a filing date for the application which includes the filing date components as specified in MPEP.
- Practitioners must comply with 35 U.S.C. 111 for the filing of national patent applications.
Practice notes
- Practitioners are advised to carefully review the filing date components and ensure all are included in the application.
- Practitioners should be wary of missing any required components, as this can lead to rejection of the application.
Official MPEP § 111 — Application
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 111 Application.
[Editor Note: Applicable to any patent application filed on or after December 18, 2013. See 35 U.S.C. 111 (pre-PLT (AIA)) or 35 U.S.C. 111 (pre‑AIA) for the law otherwise applicable.]
- (a) IN GENERAL.—
- (1) WRITTEN APPLICATION.—An application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Director.
- (2) CONTENTS.—Such application shall include—
- (A) a specification as prescribed by section 112 ;
- (B) a drawing as prescribed by section 113; and
- (C) an oath or declaration as prescribed by section 115 .
- (3) FEE, OATH OR DECLARATION, AND CLAIMS.—The application shall be accompanied by the fee required by law. The fee, oath or declaration, and 1 or more claims may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director. Upon failure to submit the fee, oath or declaration, and 1 or more claims within such prescribed period, the application shall be regarded as abandoned.
- (4) FILING DATE.—The filing date of an application shall be the date on which a specification, with or without claims, is received in the United States Patent and Trademark Office.
- (b) PROVISIONAL APPLICATION.—
- (1) AUTHORIZATION.—A provisional application for
patent shall be made or authorized to be made by the inventor, except
as otherwise provided in this title, in writing to the Director. Such
application shall include—
- (A) a specification as prescribed by section 112(a) ; and
- (B) a drawing as prescribed by section 113 .
- (2) CLAIM.—A claim, as required by subsections (b) through (e) of section 112 , shall not be required in a provisional application.
- (3) FEE.—The application shall be accompanied by the fee required by law. The fee may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director. Upon failure to submit the fee within such prescribed period, the application shall be regarded as abandoned.
- (4) FILING DATE.—The filing date of a provisional application shall be the date on which a specification, with or without claims, is received in the United States Patent and Trademark Office.
- (5) ABANDONMENT.—Notwithstanding the absence of a claim, upon timely request and as prescribed by the Director, a provisional application may be treated as an application filed under subsection (a). Subject to section 119(e)(3) , if no such request is made, the provisional application shall be regarded as abandoned 12 months after the filing date of such application and shall not be subject to revival after such 12-month period.
- (6) OTHER BASIS FOR PROVISIONAL APPLICATION.—Subject to all the conditions in this subsection and section 119(e) , and as prescribed by the Director, an application for patent filed under subsection (a) may be treated as a provisional application for patent.
- (7) NO RIGHT OF PRIORITY OR BENEFIT OF EARLIEST FILING DATE.—A provisional application shall not be entitled to the right of priority of any other application under section 119 , 365(a) , or 386(a) or to the benefit of an earlier filing date in the United States under section 120 , 121 , 365(c) , or 386(c) .
- (8) APPLICABLE PROVISIONS.—The provisions of this title relating to applications for patent shall apply to provisional applications for patent, except as otherwise provided, and except that provisional applications for patent shall not be subject to sections 131 and 135 .
- (1) AUTHORIZATION.—A provisional application for
patent shall be made or authorized to be made by the inventor, except
as otherwise provided in this title, in writing to the Director. Such
application shall include—
- (c) PRIOR FILED APPLICATION.—Notwithstanding the
provisions of subsection (a), the Director may prescribe the conditions,
including the payment of a surcharge, under which a reference made upon the
filing of an application under subsection (a) to a previously filed
application, specifying the previously filed application by application
number and the intellectual property authority or country in which the
application was filed, shall constitute the specification and any drawings
of the subsequent application for purposes of a filing date. A copy of the
specification and any drawings of the previously filed application shall be
submitted within such period and under such conditions as may be prescribed
by the Director. A failure to submit the copy of the specification and any
drawings of the previously filed application within the prescribed period
shall result in the application being regarded as abandoned. Such
application shall be treated as having never been filed, unless—
- (1) the application is revived under section 27 ; and
- (2) a copy of the specification and any drawings of the previously filed application are submitted to the Director.
(Amended Aug. 27, 1982, Public Law 97-247, sec. 5, 96 Stat. 319; Dec. 8, 1994, Public Law 103-465, sec. 532(b)(3), 108 Stat. 4986; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582, 588 (S. 1948 secs. 4732(a)(10)(A), 4801(a); Sept. 16, 2011, Public Law 112-29, secs. 4 and 20(j) (effective Sept. 16, 2012) and sec. 3(e) (effective March 16, 2013), 125 Stat. 284; Dec. 18, 2012, Public Law 112-211, sec. 201(a)(1), 126 Stat. 1531; subsection (b)(7) amended Dec. 18, 2012, Public Law 112-211, sec. 102(3) (effective May 13, 2015), 126 Stat 1531.)
- Abandonment
- Express Abandonment
-
- Access Document Types
- Access International
-
-
- Aia Overview
-
-
- Prior Art Pre Aia
- Appeals
- Appeal Notice
-
- Judicial Review
-
-
- App Types Provisional
- Continuing Applications
- Cip Applications
-
- Continuation Applications
-
- Assignment Ownership
-
-
- Filing By Assignee
-
- Recording Assignments
- Recording Requirements
-
-
- Certificate Of Mailing
- Certified Copies
-
- Correspondence Address
- Design Patents
-
-
- Design Priority Benefit
-
-
- Director Authority
- Common Petition Types
- Petition Make Special
- Petition Revive
- Duty Of Disclosure
- Disclosure Basics
- Disclosure Materiality
- Electronic Filing
- Electronic Signature
- Entity Status
- Micro Entity
- Examination Procedure
-
- Examination Order
- Examiner Action
- Action Mailing
- Action Types
- Form Paragraphs
- Rce Practice
- Restriction Practice
-
-
-
- Correspondence Requirements
- Legibility Requirements
- International Design
- Hague Principles
-
- Ida Filing
- Ida Grant
-
-
- Ida Contents
-
- Maintenance Fee Late
-
-
-
- Nonpublication Request
-
-
-
- Claims
-
-
-
- Cross Reference
-
- Patent Issuance
- Certificate Of Correction
- Issue Fee
- Issue Fee Timing
-
-
-
-
- Pct Amendments Article 19
-
- Pct Description Claims
- Pct Drawings
- Pct Fees
-
- Pct International Search
-
-
-
-
- Pct Request
- Plant Patents
- Plant Specification
-
-
- Priority Certified Copy
-
- Reissue
- Reissue Amendments
- Amendment No New Matter
-
- Reissue Ownership
-
- Reply Period
-
- Search Requirements
- Requirement For Information
- Rfi Basis
-
- Section 112A
- New Matter
- Sequence Listing
-
- Signature Requirements
-
- Signature Assignee
-
- Signature Inventor
- Unsigned Documents
-
- Statutory Invention Registration