Chapter 500

Question 1

What are the requirements of a non-provisional application to obtain a filing date?

Answer 1

specification describing the invention

at least 1 claim

drawings, if necessary and required for the understanding of the subject matter

Question 2

What happens when the submitted non-provisional application is too informal to be given a filing date?

Answer 2

The case will be held in the Office of Initial Patent Examination as an incomplete application and the applicant will be informed of the shortcomings of the paper.

Filing date will not be granted until all of the incompleteness is corrected

Question 3

What are the requirements of provisional applications to obtain a filing date?

Answer 3

specification

drawings, if necessary to understand the subject matter

Question 4

What happens when an oath or declaration was executed and filed with incomplete applications?

Answer 4

supplemental oath or declaration by the inventor is required in some instances

it needs to identify the missing item and indicate as appropriate, that it accurately claims, describes, or illustrates applicant’s invention