Patent Law FAQ

To obtain a filing date for a nonprovisional utility patent application filed on or after 12/18/2013, the application must include:

• A specification with or without claims (35 U.S.C. 111(a)(2)(A))
• Drawings, if necessary for an understanding of the invention (35 U.S.C. 111(a)(2)(B)), but see 37 CFR 1.81(a) for applications filed before 12/18/2013 requiring drawings where they are necessary for the understanding of the invention
• The inventor’s oath or declaration, which may be filed later if an application data sheet (ADS) is submitted identifying the inventor(s) (35 U.S.C. 111(a)(2)(C) and 115)
• The applicable filing fees (basic filing fee, search fee, examination fee, any required excess claims fees) (35 U.S.C. 41 and 37 CFR 1.16)

An application missing any of the above items will be treated as incomplete and no filing date will be granted until the missing item(s) are submitted.

To obtain a filing date for a nonprovisional utility patent application filed on or after 12/18/2013, the application must include:

• A specification with or without claims (35 U.S.C. 111(a)(2)(A))
• Drawings, if necessary for an understanding of the invention (35 U.S.C. 111(a)(2)(B)), but see 37 CFR 1.81(a) for applications filed before 12/18/2013 requiring drawings where they are necessary for the understanding of the invention
• The inventor’s oath or declaration, which may be filed later if an application data sheet (ADS) is submitted identifying the inventor(s) (35 U.S.C. 111(a)(2)(C) and 115)
• The applicable filing fees (basic filing fee, search fee, examination fee, any required excess claims fees) (35 U.S.C. 41 and 37 CFR 1.16)

An application missing any of the above items will be treated as incomplete and no filing date will be granted until the missing item(s) are submitted.

The USPTO assigns different series codes to various types of patent applications:

• 01/ – 16/: Nonprovisional applications (utility, plant, and reissue)
• 29/: Design applications
• 35/: International design applications
• 60/, 61/, and 62/: Provisional applications
• 90/: Ex parte reexamination proceedings
• 95/: Inter partes reexamination proceedings
• 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings

The MPEP provides a detailed breakdown of series codes for nonprovisional applications from 1925 to the present. For example, ‘Series code 16 is assigned to nonprovisional applications filed from June 2018 to present.’ (MPEP 503)

The USPTO assigns different series codes to various types of patent applications:

• 01/ – 16/: Nonprovisional applications (utility, plant, and reissue)
• 29/: Design applications
• 35/: International design applications
• 60/, 61/, and 62/: Provisional applications
• 90/: Ex parte reexamination proceedings
• 95/: Inter partes reexamination proceedings
• 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings

The MPEP provides a detailed breakdown of series codes for nonprovisional applications from 1925 to the present. For example, ‘Series code 16 is assigned to nonprovisional applications filed from June 2018 to present.’ (MPEP 503)

The USPTO assigns different series codes to various types of patent applications:

• 01/ – 16/: Nonprovisional applications (utility, plant, and reissue)
• 29/: Design applications
• 35/: International design applications
• 60/, 61/, and 62/: Provisional applications
• 90/: Ex parte reexamination proceedings
• 95/: Inter partes reexamination proceedings
• 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings

The MPEP provides a detailed breakdown of series codes for nonprovisional applications from 1925 to the present. For example, ‘Series code 16 is assigned to nonprovisional applications filed from June 2018 to present.’ (MPEP 503)

To obtain a filing date for a nonprovisional utility patent application filed on or after 12/18/2013, the application must include:

• A specification with or without claims (35 U.S.C. 111(a)(2)(A))
• Drawings, if necessary for an understanding of the invention (35 U.S.C. 111(a)(2)(B)), but see 37 CFR 1.81(a) for applications filed before 12/18/2013 requiring drawings where they are necessary for the understanding of the invention
• The inventor’s oath or declaration, which may be filed later if an application data sheet (ADS) is submitted identifying the inventor(s) (35 U.S.C. 111(a)(2)(C) and 115)
• The applicable filing fees (basic filing fee, search fee, examination fee, any required excess claims fees) (35 U.S.C. 41 and 37 CFR 1.16)

An application missing any of the above items will be treated as incomplete and no filing date will be granted until the missing item(s) are submitted.

The USPTO assigns different series codes to various types of patent applications:

• 01/ – 16/: Nonprovisional applications (utility, plant, and reissue)
• 29/: Design applications
• 35/: International design applications
• 60/, 61/, and 62/: Provisional applications
• 90/: Ex parte reexamination proceedings
• 95/: Inter partes reexamination proceedings
• 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings

The MPEP provides a detailed breakdown of series codes for nonprovisional applications from 1925 to the present. For example, ‘Series code 16 is assigned to nonprovisional applications filed from June 2018 to present.’ (MPEP 503)

To obtain a filing date for a nonprovisional utility patent application filed on or after 12/18/2013, the application must include:

• A specification with or without claims (35 U.S.C. 111(a)(2)(A))
• Drawings, if necessary for an understanding of the invention (35 U.S.C. 111(a)(2)(B)), but see 37 CFR 1.81(a) for applications filed before 12/18/2013 requiring drawings where they are necessary for the understanding of the invention
• The inventor’s oath or declaration, which may be filed later if an application data sheet (ADS) is submitted identifying the inventor(s) (35 U.S.C. 111(a)(2)(C) and 115)
• The applicable filing fees (basic filing fee, search fee, examination fee, any required excess claims fees) (35 U.S.C. 41 and 37 CFR 1.16)

An application missing any of the above items will be treated as incomplete and no filing date will be granted until the missing item(s) are submitted.