What happens if a patent application is filed without claims after December 18, 2013?
For applications filed on or after December 18, 2013, the absence of claims does not prevent the assignment of a filing date. However, claims must be submitted to complete the application.
The MPEP explains: If an application (other than an application for a design patent) is filed on or after December 18, 2013, without any claims, OPAP will issue a notice giving the applicant a time period within which to submit at least one claim in order to avoid abandonment. An application will not be placed on an examiner’s docket unless and until the application includes a specification including at least one claim.
(MPEP § 702)
While it’s possible to file without claims, it’s still recommended to include claims at the time of filing: The preparation of claims to any claimed invention for which patent protection is desired and the inclusion of such claims with the application on filing will help ensure that the application satisfies the disclosure requirements of 35 U.S.C. 112(a) for any such claimed invention.
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