What determines the filing date of a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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 of a patent application is determined by the ‘Office Date’ stamp, provided the application includes all necessary components for a filing date. The MPEP states: If an application as originally filed includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP § 506), the ‘Office Date’ stamp establishes the ‘filing date.’ This means that the date stamped on the application by the USPTO becomes the official filing date, as long as all required elements are present. It’s crucial for applicants to ensure their submissions are complete to secure the earliest possible filing date. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Office Date Stamp Establishes Filing Date for Complete Applications MPEP 505 Office Date Stamp Required for Receipt of Correspondence MPEP 505 Date of Deposit Stamped on Patent Applications MPEP 505 Fax Date Stamped on Next Business Day MPEP 505 Permitted Date of Deposit Stamped on Patent Application MPEP 505 Hand-Carried Papers Must Be Date Stamped MPEP 505 Saturday Deposit Date Stamped MPEP 505 Office Date Stamping for Mail and Electronic Filings MPEP 505 Priority Mail Express Stamp for Filing MPEP 505 Permitted Priority Mail Express Date for Patent Office Receipt MPEP 505 Permitted Other Related FAQs 5 FAQs Collapse What happens if the date of receipt stamp is illegible or missing? How are Priority Mail Express® submissions dated by the USPTO? How does the USPTO handle correspondence received on weekends or holidays? What is the date of receipt stamp for USPTO correspondence? What happens if there&#8217;s a discrepancy between the USPTO&#8217;s date stamp and the date on the correspondence?