What are the filing date requirements for patent applications filed on or after December 18, 2013?

For nonprovisional applications (except design applications) filed on or after December 18, 2013, the filing date is the date on which a specification, with or without claims, is received in the Office. This change was implemented as a result of the Patent Law Treaties Implementation Act of 2012 (PLTIA).

The MPEP states: Except for design applications, the filing date for nonprovisional applications filed on or after December 18, 2013 is the date on which a specification, with or without claims, is received in the Office. (MPEP § 702)

For design applications, the filing date requirements remain unchanged: The filing date for a design application, except for a continued prosecution application (CPA) under 37 CFR 1.53(d), is the date on which the specification as required by 35 U.S.C. 112, including at least one claim, and any required drawings are received in the Office.

To learn more:

• filing date
• patent application
• PLTIA
• nonprovisional application
• design application