How does the Patent Law Treaties Implementation Act of 2012 (PLTIA) affect nonprovisional application filings?
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.
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