Can I file a patent application without claims?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

While it is possible to file a patent application without claims, it is not recommended and can have significant consequences:

• No filing date: According to MPEP 601.01, an application must contain “at least one claim pursuant to 35 U.S.C. 112(b)” to be assigned a filing date.
• Provisional applications: Claims are not required for provisional applications, but these do not mature into patents without a subsequent non-provisional filing.
• Subsequent submission: If claims are not included in the initial filing, they must be submitted later, which may delay the examination process and incur additional fees.
• Priority issues: Lack of claims at filing may affect your ability to claim priority or benefit from earlier filing dates in certain situations.

The MPEP states: “To obtain a filing date, applicant must file specification containing a description pursuant to 35 U.S.C. 112(a) and at least one claim pursuant to 35 U.S.C. 112(b).” Therefore, it’s strongly advised to include at least one claim when filing a non-provisional patent application.