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

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.

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Topics: Patent Law, Patent Procedure
Tags: nonprovisional application