What is considered ‘new matter’ in a patent application?
‘New matter’ refers to any subject matter that is added to a patent application after its filing date, which was not present in the original specification, claims, or drawings. The MPEP states: Matter not present on the filing date of the application in the specification, claims, or drawings that is added after the application filing…
Read MoreWhat are the main components of a complete nonprovisional patent application?
A complete nonprovisional patent application filed under 35 U.S.C. 111(a) comprises the following components: A specification, including claims, as prescribed by 35 U.S.C. 112 Drawings as prescribed by 35 U.S.C. 113 An oath or declaration as prescribed by 35 U.S.C. 115 The prescribed filing fee, search fee, examination fee, and application size fee As stated…
Read MoreWhat are the requirements for a nonprovisional utility patent application to receive a filing date?
For nonprovisional utility patent applications filed on or after December 18, 2013, the requirements to receive a filing date are: A specification With or without claims Prior to December 18, 2013, the requirements were: A specification containing a description and at least one claim Any drawing necessary under 35 U.S.C. 113 The USPTO states: Effective…
Read MoreWhat happens if a provisional application is filed without claims?
What happens if a provisional application is filed without claims? A provisional application can be filed without claims and still be considered complete. According to MPEP 601.01(b): “A provisional application need not include claims to be complete for filing date purposes.” This means that unlike non-provisional applications, provisional applications do not require claims to receive…
Read MoreWhat are the key differences between provisional and nonprovisional patent applications?
Provisional and nonprovisional patent applications have several key differences: Claims: Nonprovisional applications require claims, while provisional applications do not. As stated in the MPEP, “Unlike an application filed under 35 U.S.C. 111(a) which requires claims before examination, a provisional application does not require claims.” Oath or Declaration: Nonprovisional applications require an oath or declaration, while…
Read More