What is the significance of the December 18, 2013 date for nonprovisional patent applications?

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.

December 18, 2013 marks an important change in the requirements for nonprovisional patent applications to receive a filing date. The significance of this date is as follows:

  • Before December 18, 2013: Nonprovisional applications required at least one claim to receive a filing date.
  • On or after December 18, 2013: Nonprovisional applications (except design applications) can receive a filing date without any claims.

The MPEP notes: “For nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013, there is no need to request conversion to a provisional application because such applications do not require presentation of at least one claim to obtain a filing date.”

This change simplifies the initial filing process for many applicants, allowing them to secure a filing date more easily and potentially complete the application with claims at a later time.

Topics: Patent Law Patent Procedure
Tags: nonprovisional application