What is the filing date for a divisional or continuation application under 37 CFR 1.53(b)?
According to MPEP 201.06(c), the filing date for a divisional or continuation application filed under 37 CFR 1.53(b) is determined as follows:
‘The filing date of an application filed under 37 CFR 1.53(b) is the date on which a specification, with or without claims, is received in the Office.’
This means that the filing date is established when the USPTO receives the specification, regardless of whether claims are included. It’s important to note that other application components, such as drawings or fees, are not required to secure the filing date.
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Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure