What is the filing date of a nonprovisional application under 37 CFR 1.53(b)?

The filing date of a nonprovisional application under 37 CFR 1.53(b) depends on the type of application and when it was filed:

• For utility and plant applications filed on or after December 18, 2013: The filing date is the date on which the specification, with or without claims, is received in the USPTO.
• For design applications: The filing date is the date on which the specification, including at least one claim, and any required drawings are received in the USPTO.
• For applications filed before December 18, 2013: The filing date was the date on which the specification containing a description and at least one claim, and any required drawings were received in the USPTO.

The MPEP states:

For applications filed on or after December 18, 2013, the filing date of a nonprovisional application filed under 35 U.S.C. 111(a), other than a design patent application, is the date on which a specification, with or without claims, is received in the Office.

This change in filing date requirements was part of the implementation of the Patent Law Treaties Implementation Act of 2012.

For more information on nonprovisional application, visit: nonprovisional application.

For more information on patent application requirements, visit: patent application requirements.