What are the filing date requirements for provisional applications under 35 U.S.C. 111(b)?

The filing date requirements for provisional applications under 35 U.S.C. 111(b) are outlined in MPEP 601.01(b):

Quote: “The filing date of a provisional application is the date on which a specification as prescribed by 35 U.S.C. 112(a), and any drawing required by 37 CFR 1.81(a) are filed in the USPTO.”

This means that to receive a filing date, a provisional application must include:

  • A specification that meets the requirements of 35 U.S.C. 112(a)
  • Any necessary drawings as per 37 CFR 1.81(a)

It’s important to note that provisional applications do not require claims to receive a filing date.

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Topics: Patent Law, Patent Procedure
Tags: drawings, Filing Date, provisional application, Specification