What is the significance of filing dates in patent applications?

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.

Filing dates are crucial in patent law as they establish priority and can affect the patentability of an invention. The MPEP 201.02 discusses various application types and their relationship to filing dates:

• Original applications (including first filings and continuing applications) generally retain their filing date for priority purposes.
• Continuing applications (continuations, divisionals, and continuations-in-part) can benefit from the filing date of the parent application under specific conditions outlined in 35 U.S.C. 120, 121, 365(c), or 386(c) and 37 CFR 1.78.
• Substitute applications, however, do not obtain the benefit of the filing date of the prior application.

The MPEP states:

A substitute application does not obtain the benefit of the filing date of the prior application.

This emphasizes the importance of maintaining active applications and understanding the implications of different application types on priority dates.

For more information on continuing applications, visit: continuing applications.

For more information on patent applications, visit: patent applications.