Patent Law FAQ

The Patent Law Treaties Implementation Act (PLTIA) introduced the concept of restoration of the right of priority. This provision allows applicants to file a subsequent application and still claim priority or benefit even if they missed the standard 12-month deadline (6-month for design applications).

As stated in the MPEP: Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application. (MPEP 210)

Key points about restoration of the right of priority:

• It applies to both foreign priority claims and domestic benefit claims to provisional applications.
• The subsequent application must be filed within 14 months from the filing date of the prior foreign application or provisional application (8 months for design applications).
• The delay in filing the subsequent application must be unintentional.
• A petition for restoration of the right of priority must be filed.

The specific requirements and procedures for restoration of the right of priority are outlined in 37 CFR 1.55(c) for foreign priority claims and 37 CFR 1.78(b) for domestic benefit claims.

For more information on PLTIA, visit: PLTIA.

For more information on unintentional delay, visit: unintentional delay.

The Patent Law Treaties Implementation Act (PLTIA) of 2012 introduced several significant changes to U.S. patent law and procedures:

• Restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications).
• The ability to file international design applications and claim priority to, and the benefit of, international design applications in nonprovisional applications.

As stated in the MPEP: Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application. (MPEP 210)

These changes were implemented in two phases:

• Title II of the PLTIA became effective on December 18, 2013.
• Title I of the PLTIA became effective on May 13, 2015.

For more information on international design applications, visit: international design applications.

For more information on PLTIA, visit: PLTIA.

For more information on priority restoration, visit: priority restoration.

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 Treaty (PLT) is an international agreement aimed at harmonizing and streamlining formal procedures in patent applications. Its implementation in the U.S. through the Patent Law Treaties Implementation Act (PLTIA) introduced several changes to U.S. patent law, including:

• Restoration of priority rights in certain cases
• Changes to formal requirements for patent applications
• Provisions for international design applications

The MPEP notes: “The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the patent laws to implement the provisions of the Patent Law Treaty (PLT) in title II; corresponding revisions to title 37 of the Code of Federal Regulations also became effective on December 18, 2013. Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application.”

The Patent Law Treaties Implementation Act (PLTIA) of 2012 introduced several important changes to US patent law, particularly regarding priority claims and international applications. Key changes include:

• Restoration of the right of priority to a foreign application or the benefit of a provisional application in certain cases
• Ability to file international design applications
• Ability to claim priority to, and benefit of, international design applications in nonprovisional applications

The MPEP states: “Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application. In addition, title I of the PLTIA became effective May 13, 2015, along with corresponding revisions to the rules. Notable changes included the ability to file international design applications and to claim priority to, and the benefit of, international design applications in nonprovisional applications.”

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 Patent Law Treaties Implementation Act (PLTIA) made several changes to priority and benefit claims, including:

• Restoration of the right of priority to a foreign application or benefit of a provisional application within two months of the deadline
• Ability to file international design applications
• Claiming priority to and benefit of international design applications

The MPEP notes: “Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application.” (MPEP 210)

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 Patent Law Treaties Implementation Act (PLTIA) introduced the concept of restoration of the right of priority. This provision allows applicants to file a subsequent application and still claim priority or benefit even if they missed the standard 12-month deadline (6-month for design applications).

As stated in the MPEP: Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application. (MPEP 210)

Key points about restoration of the right of priority:

• It applies to both foreign priority claims and domestic benefit claims to provisional applications.
• The subsequent application must be filed within 14 months from the filing date of the prior foreign application or provisional application (8 months for design applications).
• The delay in filing the subsequent application must be unintentional.
• A petition for restoration of the right of priority must be filed.

The specific requirements and procedures for restoration of the right of priority are outlined in 37 CFR 1.55(c) for foreign priority claims and 37 CFR 1.78(b) for domestic benefit claims.

For more information on PLTIA, visit: PLTIA.

For more information on unintentional delay, visit: unintentional delay.

The Patent Law Treaty (PLT) is an international agreement aimed at harmonizing and streamlining formal procedures in patent applications. Its implementation in the U.S. through the Patent Law Treaties Implementation Act (PLTIA) introduced several changes to U.S. patent law, including:

• Restoration of priority rights in certain cases
• Changes to formal requirements for patent applications
• Provisions for international design applications

The MPEP notes: “The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the patent laws to implement the provisions of the Patent Law Treaty (PLT) in title II; corresponding revisions to title 37 of the Code of Federal Regulations also became effective on December 18, 2013. Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application.”

The Patent Law Treaties Implementation Act (PLTIA) of 2012 introduced several significant changes to U.S. patent law and procedures:

• Restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications).
• The ability to file international design applications and claim priority to, and the benefit of, international design applications in nonprovisional applications.

As stated in the MPEP: Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application. (MPEP 210)

These changes were implemented in two phases:

• Title II of the PLTIA became effective on December 18, 2013.
• Title I of the PLTIA became effective on May 13, 2015.

For more information on international design applications, visit: international design applications.

For more information on PLTIA, visit: PLTIA.

For more information on priority restoration, visit: priority restoration.

The Patent Law Treaties Implementation Act (PLTIA) of 2012 introduced several important changes to US patent law, particularly regarding priority claims and international applications. Key changes include:

• Restoration of the right of priority to a foreign application or the benefit of a provisional application in certain cases
• Ability to file international design applications
• Ability to claim priority to, and benefit of, international design applications in nonprovisional applications

The MPEP states: “Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application. In addition, title I of the PLTIA became effective May 13, 2015, along with corresponding revisions to the rules. Notable changes included the ability to file international design applications and to claim priority to, and the benefit of, international design applications in nonprovisional 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 Patent Law Treaties Implementation Act (PLTIA) made several changes to priority and benefit claims, including:

• Restoration of the right of priority to a foreign application or benefit of a provisional application within two months of the deadline
• Ability to file international design applications
• Claiming priority to and benefit of international design applications

The MPEP notes: “Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application.” (MPEP 210)

The Patent Law Treaties Implementation Act of 2012 (PLTIA) introduced several changes to nonprovisional application filings, effective December 18, 2013:

• It amended 35 U.S.C. 111(a) to provide minimal formal requirements for obtaining a filing date.
• For non-design applications, a filing date is granted when a specification (with or without claims) is received by the USPTO.
• It allows for the delayed submission of claims and drawings, subject to certain conditions and potential surcharges.
• It introduced the option to file an application by reference under 35 U.S.C. 111(c).

The MPEP states: Effective for applications filed on or after December 18, 2013, 37 CFR 1.53(b) was amended to implement the changes to 35 U.S.C. 111(a) and 35 U.S.C. 171 by the Patent Law Treaties Implementation Act of 2012 (PLTIA) (Public Law 112-211).

While these changes provide more flexibility in the filing process, it’s important to note that they don’t change the best practices for preparing and filing patent applications. Including a complete specification, claims, and drawings at the time of filing is still recommended to ensure compliance with disclosure requirements.

To learn more:

• PLTIA
• patent application
• USPTO
• filing requirements

The Patent Law Treaties Implementation Act (PLTIA) introduced the concept of restoration of the right of priority. This provision allows applicants to file a subsequent application and still claim priority or benefit even if they missed the standard 12-month deadline (6-month for design applications).

As stated in the MPEP: Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application. (MPEP 210)

Key points about restoration of the right of priority:

• It applies to both foreign priority claims and domestic benefit claims to provisional applications.
• The subsequent application must be filed within 14 months from the filing date of the prior foreign application or provisional application (8 months for design applications).
• The delay in filing the subsequent application must be unintentional.
• A petition for restoration of the right of priority must be filed.

The specific requirements and procedures for restoration of the right of priority are outlined in 37 CFR 1.55(c) for foreign priority claims and 37 CFR 1.78(b) for domestic benefit claims.

For more information on PLTIA, visit: PLTIA.

For more information on unintentional delay, visit: unintentional delay.

The Patent Law Treaty (PLT) is an international agreement aimed at harmonizing and streamlining formal procedures in patent applications. Its implementation in the U.S. through the Patent Law Treaties Implementation Act (PLTIA) introduced several changes to U.S. patent law, including:

• Restoration of priority rights in certain cases
• Changes to formal requirements for patent applications
• Provisions for international design applications

The MPEP notes: “The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the patent laws to implement the provisions of the Patent Law Treaty (PLT) in title II; corresponding revisions to title 37 of the Code of Federal Regulations also became effective on December 18, 2013. Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application.”

The Patent Law Treaties Implementation Act (PLTIA) of 2012 introduced several significant changes to U.S. patent law and procedures:

• Restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications).
• The ability to file international design applications and claim priority to, and the benefit of, international design applications in nonprovisional applications.

As stated in the MPEP: Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application. (MPEP 210)

These changes were implemented in two phases:

• Title II of the PLTIA became effective on December 18, 2013.
• Title I of the PLTIA became effective on May 13, 2015.

For more information on international design applications, visit: international design applications.

For more information on PLTIA, visit: PLTIA.

For more information on priority restoration, visit: priority restoration.

The Patent Law Treaties Implementation Act (PLTIA) of 2012 introduced several important changes to US patent law, particularly regarding priority claims and international applications. Key changes include:

• Restoration of the right of priority to a foreign application or the benefit of a provisional application in certain cases
• Ability to file international design applications
• Ability to claim priority to, and benefit of, international design applications in nonprovisional applications

The MPEP states: “Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application. In addition, title I of the PLTIA became effective May 13, 2015, along with corresponding revisions to the rules. Notable changes included the ability to file international design applications and to claim priority to, and the benefit of, international design applications in nonprovisional 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 Patent Law Treaties Implementation Act (PLTIA) made several changes to priority and benefit claims, including:

• Restoration of the right of priority to a foreign application or benefit of a provisional application within two months of the deadline
• Ability to file international design applications
• Claiming priority to and benefit of international design applications

The MPEP notes: “Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application.” (MPEP 210)

The Patent Law Treaties Implementation Act of 2012 (PLTIA) introduced several changes to nonprovisional application filings, effective December 18, 2013:

• It amended 35 U.S.C. 111(a) to provide minimal formal requirements for obtaining a filing date.
• For non-design applications, a filing date is granted when a specification (with or without claims) is received by the USPTO.
• It allows for the delayed submission of claims and drawings, subject to certain conditions and potential surcharges.
• It introduced the option to file an application by reference under 35 U.S.C. 111(c).

The MPEP states: Effective for applications filed on or after December 18, 2013, 37 CFR 1.53(b) was amended to implement the changes to 35 U.S.C. 111(a) and 35 U.S.C. 171 by the Patent Law Treaties Implementation Act of 2012 (PLTIA) (Public Law 112-211).

While these changes provide more flexibility in the filing process, it’s important to note that they don’t change the best practices for preparing and filing patent applications. Including a complete specification, claims, and drawings at the time of filing is still recommended to ensure compliance with disclosure requirements.

To learn more:

• PLTIA
• patent application
• USPTO
• filing requirements