What is the significance of the filing date for a patent application?

The filing date of a patent application is crucial for several reasons, as outlined in MPEP 601:

• It establishes the priority date for the invention.
• It starts the clock for the patent term.
• It determines which version of the patent laws and rules apply to the application.

The MPEP emphasizes: ‘The filing date of an application is important (except for design applications) because it may affect the priority of the application relative to other applications or publications, and because many of the rules relating to patent applications use this date as a reference point.’

For nonprovisional applications, the filing date is typically the date when the USPTO receives all required elements, including the specification, at least one claim, and any necessary drawings. For provisional applications, the filing date is established when the USPTO receives the specification and any required drawings.

To learn more:

• filing date
• patent application
• priority date
• patent term