What changes were introduced by the Patent Law Treaties Implementation Act of 2012 (PLTIA) regarding filing date requirements?
The Patent Law Treaties Implementation Act of 2012 (PLTIA) introduced significant changes to the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a). The MPEP states:
Effective December 18, 2013, the Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the patent laws to implement the provisions of the Patent Law Treaty in title II. Notable changes included the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a). Unless the application is for a design patent, nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013, are no longer required to include at least one claim or any drawings in order to receive a filing date for the application.
This change simplified the initial filing process for most nonprovisional applications, allowing applicants to secure a filing date more easily. However, it’s important to note that design patent applications still require at least one claim and any required drawings to receive a filing date.
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