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

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.

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.