What constitutes a complete patent application for filing date purposes?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

A complete patent application for filing date purposes must include:

  • A specification containing a description as per 37 CFR 1.71
  • At least one claim (for nonprovisional design applications only) as per 37 CFR 1.75
  • Any drawings required by 37 CFR 1.81(a)

As stated in the MPEP: “The filing date of the provisional or nonprovisional application is the date of receipt in the Office of the application which includes a specification containing description pursuant to 37 CFR 1.71 and at least one claim (required for nonprovisional design applications only) pursuant to 37 CFR 1.75, and any drawings required by 37 CFR 1.81(a).”

Topics: MPEP 500 - Receipt and Handling of Mail and Papers Patent Law Patent Procedure
Tags: Claims, drawings, Filing Date, Specification