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.