What is the filing date for a nonprovisional patent application?

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.

The filing date for a nonprovisional patent application depends on the type of application and when it was filed:

  • For applications filed on or after December 18, 2013 (except design applications): The filing date is the date when a specification, with or without claims, is received by the USPTO.
  • For design applications: The filing date is the date when the specification (including at least one claim), and any required drawings are received by the USPTO.
  • For applications filed before December 18, 2013: The filing date is the date when a specification containing a description and at least one claim, and any necessary drawings are filed with the USPTO.

The MPEP states: Except for design applications, the filing date for applications filed under 35 U.S.C. 111 on or after December 18, 2013 is the date on which a specification, with or without claims, is received in the Office.

Topics: Patent Law Patent Procedure
Tags: Filing Date, nonprovisional application, USPTO