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