Patent Law FAQ

The ability to claim benefit under 35 U.S.C. 386(c) for international design applications is subject to specific timing requirements. According to MPEP § 211.01(d):

37 CFR 1.78(j) provides that benefit under 35 U.S.C. 386(c) with respect to an international design application can only be claimed in nonprovisional applications, international applications, and international design applications filed on or after May 13, 2015, and patents issuing thereon.

This means that to claim the benefit of an international design application, the claiming application must have been filed on or after May 13, 2015. This date is significant as it marks the implementation of certain provisions of the Patent Law Treaties Implementation Act of 2012.

For more information on 35 U.S.C. 386(c), visit: 35 U.S.C. 386(c).

For more information on filing date requirements, visit: filing date requirements.

For an international design application to be used as a basis for claiming benefit, it must meet specific filing date requirements. MPEP § 211.01(d) states:

To obtain benefit of the filing date of a prior international design application designating the United States, the international design application must be entitled to a filing date in accordance with 37 CFR 1.1023. See 37 CFR 1.78(d)(1)(ii).

This means that the international design application must comply with the requirements set forth in 37 CFR 1.1023 to establish a valid filing date. These requirements typically include proper designation of the United States and adherence to other formal application standards.

For more information on filing date requirements, visit: filing date requirements.

The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013:

• Non-design applications no longer require at least one claim or any drawings to receive a filing date
• Design patent applications still require at least one claim and any required drawings to receive a filing date

The MPEP states: Unless the application is for a design patent, nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013, are no longer required to include at least one claim or any drawings in order to receive a filing date for the application.

Additionally, applications may now be filed by reference to a previously filed application: A nonprovisional application filed under 35 U.S.C. 111(a) on or after December 18, 2013, may be filed by a reference to a previously filed application (foreign, international, provisional, or nonprovisional) indicating that the specification and any drawings of the application are replaced by the reference to the previously filed application.

For more information on filing date requirements, visit: filing date requirements.

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

For more information on patent drawings, visit: patent drawings.

For more information on PLTIA, visit: PLTIA.

The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013. The key changes are:

• Nonprovisional applications (except for design patent applications) no longer require at least one claim or any drawings to receive a filing date.
• For design patent applications, the filing date is the date on which the USPTO receives the specification including at least one claim and any required drawings.
• As provided in 35 U.S.C. 111(c), a nonprovisional application may be filed by reference to a previously filed application (foreign, international, provisional, or nonprovisional).

These changes simplified the filing process for most nonprovisional applications while maintaining specific requirements for design patent applications.

The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013:

• Non-design applications no longer require at least one claim or any drawings to receive a filing date
• Design patent applications still require at least one claim and any required drawings to receive a filing date

The MPEP states: Unless the application is for a design patent, nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013, are no longer required to include at least one claim or any drawings in order to receive a filing date for the application.

Additionally, applications may now be filed by reference to a previously filed application: A nonprovisional application filed under 35 U.S.C. 111(a) on or after December 18, 2013, may be filed by a reference to a previously filed application (foreign, international, provisional, or nonprovisional) indicating that the specification and any drawings of the application are replaced by the reference to the previously filed application.

For more information on filing date requirements, visit: filing date requirements.

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

For more information on patent drawings, visit: patent drawings.

For more information on PLTIA, visit: PLTIA.

The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013. The key changes are:

• Nonprovisional applications (except for design patent applications) no longer require at least one claim or any drawings to receive a filing date.
• For design patent applications, the filing date is the date on which the USPTO receives the specification including at least one claim and any required drawings.
• As provided in 35 U.S.C. 111(c), a nonprovisional application may be filed by reference to a previously filed application (foreign, international, provisional, or nonprovisional).

These changes simplified the filing process for most nonprovisional applications while maintaining specific requirements for design patent applications.

The ability to claim benefit under 35 U.S.C. 386(c) for international design applications is subject to specific timing requirements. According to MPEP § 211.01(d):

37 CFR 1.78(j) provides that benefit under 35 U.S.C. 386(c) with respect to an international design application can only be claimed in nonprovisional applications, international applications, and international design applications filed on or after May 13, 2015, and patents issuing thereon.

This means that to claim the benefit of an international design application, the claiming application must have been filed on or after May 13, 2015. This date is significant as it marks the implementation of certain provisions of the Patent Law Treaties Implementation Act of 2012.

For more information on 35 U.S.C. 386(c), visit: 35 U.S.C. 386(c).

For more information on filing date requirements, visit: filing date requirements.

For an international design application to be used as a basis for claiming benefit, it must meet specific filing date requirements. MPEP § 211.01(d) states:

To obtain benefit of the filing date of a prior international design application designating the United States, the international design application must be entitled to a filing date in accordance with 37 CFR 1.1023. See 37 CFR 1.78(d)(1)(ii).

This means that the international design application must comply with the requirements set forth in 37 CFR 1.1023 to establish a valid filing date. These requirements typically include proper designation of the United States and adherence to other formal application standards.

For more information on filing date requirements, visit: filing date requirements.

The ability to claim benefit under 35 U.S.C. 386(c) for international design applications is subject to specific timing requirements. According to MPEP § 211.01(d):

37 CFR 1.78(j) provides that benefit under 35 U.S.C. 386(c) with respect to an international design application can only be claimed in nonprovisional applications, international applications, and international design applications filed on or after May 13, 2015, and patents issuing thereon.

This means that to claim the benefit of an international design application, the claiming application must have been filed on or after May 13, 2015. This date is significant as it marks the implementation of certain provisions of the Patent Law Treaties Implementation Act of 2012.

For more information on 35 U.S.C. 386(c), visit: 35 U.S.C. 386(c).

For more information on filing date requirements, visit: filing date requirements.

For an international design application to be used as a basis for claiming benefit, it must meet specific filing date requirements. MPEP § 211.01(d) states:

To obtain benefit of the filing date of a prior international design application designating the United States, the international design application must be entitled to a filing date in accordance with 37 CFR 1.1023. See 37 CFR 1.78(d)(1)(ii).

This means that the international design application must comply with the requirements set forth in 37 CFR 1.1023 to establish a valid filing date. These requirements typically include proper designation of the United States and adherence to other formal application standards.

For more information on filing date requirements, visit: filing date requirements.

For a design patent application to receive a filing date, it must include:

• A specification as prescribed by 35 U.S.C. 112
• At least one claim
• Any required drawings

These requirements apply to design applications regardless of filing date. The USPTO states: The filing date for a design application, except for a continued prosecution application (CPA) under 37 CFR 1.53(d), is the date on which the specification as prescribed by 35 U.S.C. 112, including at least one claim, and any required drawings are received in the Office.

It’s important to note that unlike utility applications filed on or after December 18, 2013, design applications still require at least one claim to receive a filing date.

To learn more:

• design patent
• filing date requirements
• specification
• claim
• drawings

The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013:

• Non-design applications no longer require at least one claim or any drawings to receive a filing date
• Design patent applications still require at least one claim and any required drawings to receive a filing date

The MPEP states: Unless the application is for a design patent, nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013, are no longer required to include at least one claim or any drawings in order to receive a filing date for the application.

Additionally, applications may now be filed by reference to a previously filed application: A nonprovisional application filed under 35 U.S.C. 111(a) on or after December 18, 2013, may be filed by a reference to a previously filed application (foreign, international, provisional, or nonprovisional) indicating that the specification and any drawings of the application are replaced by the reference to the previously filed application.

For more information on filing date requirements, visit: filing date requirements.

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

For more information on patent drawings, visit: patent drawings.

For more information on PLTIA, visit: PLTIA.

The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013. The key changes are:

• Nonprovisional applications (except for design patent applications) no longer require at least one claim or any drawings to receive a filing date.
• For design patent applications, the filing date is the date on which the USPTO receives the specification including at least one claim and any required drawings.
• As provided in 35 U.S.C. 111(c), a nonprovisional application may be filed by reference to a previously filed application (foreign, international, provisional, or nonprovisional).

These changes simplified the filing process for most nonprovisional applications while maintaining specific requirements for design patent applications.

The ability to claim benefit under 35 U.S.C. 386(c) for international design applications is subject to specific timing requirements. According to MPEP § 211.01(d):

37 CFR 1.78(j) provides that benefit under 35 U.S.C. 386(c) with respect to an international design application can only be claimed in nonprovisional applications, international applications, and international design applications filed on or after May 13, 2015, and patents issuing thereon.

This means that to claim the benefit of an international design application, the claiming application must have been filed on or after May 13, 2015. This date is significant as it marks the implementation of certain provisions of the Patent Law Treaties Implementation Act of 2012.

For more information on 35 U.S.C. 386(c), visit: 35 U.S.C. 386(c).

For more information on filing date requirements, visit: filing date requirements.

For an international design application to be used as a basis for claiming benefit, it must meet specific filing date requirements. MPEP § 211.01(d) states:

To obtain benefit of the filing date of a prior international design application designating the United States, the international design application must be entitled to a filing date in accordance with 37 CFR 1.1023. See 37 CFR 1.78(d)(1)(ii).

This means that the international design application must comply with the requirements set forth in 37 CFR 1.1023 to establish a valid filing date. These requirements typically include proper designation of the United States and adherence to other formal application standards.

For more information on filing date requirements, visit: filing date requirements.

For a design patent application to receive a filing date, it must include:

• A specification as prescribed by 35 U.S.C. 112
• At least one claim
• Any required drawings

These requirements apply to design applications regardless of filing date. The USPTO states: The filing date for a design application, except for a continued prosecution application (CPA) under 37 CFR 1.53(d), is the date on which the specification as prescribed by 35 U.S.C. 112, including at least one claim, and any required drawings are received in the Office.

It’s important to note that unlike utility applications filed on or after December 18, 2013, design applications still require at least one claim to receive a filing date.

To learn more:

• design patent
• filing date requirements
• specification
• claim
• drawings

The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013:

• Non-design applications no longer require at least one claim or any drawings to receive a filing date
• Design patent applications still require at least one claim and any required drawings to receive a filing date

The MPEP states: Unless the application is for a design patent, nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013, are no longer required to include at least one claim or any drawings in order to receive a filing date for the application.

Additionally, applications may now be filed by reference to a previously filed application: A nonprovisional application filed under 35 U.S.C. 111(a) on or after December 18, 2013, may be filed by a reference to a previously filed application (foreign, international, provisional, or nonprovisional) indicating that the specification and any drawings of the application are replaced by the reference to the previously filed application.

For more information on filing date requirements, visit: filing date requirements.

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

For more information on patent drawings, visit: patent drawings.

For more information on PLTIA, visit: PLTIA.

The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013. The key changes are:

• Nonprovisional applications (except for design patent applications) no longer require at least one claim or any drawings to receive a filing date.
• For design patent applications, the filing date is the date on which the USPTO receives the specification including at least one claim and any required drawings.
• As provided in 35 U.S.C. 111(c), a nonprovisional application may be filed by reference to a previously filed application (foreign, international, provisional, or nonprovisional).

These changes simplified the filing process for most nonprovisional applications while maintaining specific requirements for design patent applications.