Q) NonProvisional Filing Date (10.03.1p)

by admin on April 10, 2010 · 3 comments

in Exam Questions

Recent test takers report that question #1 from the October 2003 (PM) test is in the patent bar exam database.

1. In accordance with the patent laws, rules and procedures as related in the MPEP, for a nonprovisional application to receive a filing date in the USPTO under 37 CFR 1.53(b), all of the following must be filed except:
(A) The basic filing fee required by 37 CFR 1.16(a).
(B) A specification as prescribed by the first paragraph of 35 USC 112.
(C) A description pursuant to 37 CFR 1.71.
(D) At least one claim pursuant to 37 CFR 1.75.
(E) Any drawing required by 37 CFR 1.81(a).

ANSWER: (A) is the most correct answer. 35 U.S.C. § 111; 37 CFR § 1.53; MPEP § 601.01. As provided in MPEP § 601.01(a), the filing fee for an application filed under 37 CFR 1.53(b) can be submitted after the filing date. (B), (C), (D) and (E) are incorrect. 37 CFR § 53(b); MPEP § 601.01. 37 CFR § 1.53(b) provides that a filing date is granted on the date on which a specification as prescribed by 35 U.S.C. § 112 containing a description pursuant to 37 CFR § 1.71 and at least one claim pursuant to 37 CFR § 1.75, and any drawing required by 37 CFR § 1.81(a) are filed in the Office. Thus, (B), (C), (D) and (E) are needed to obtain a filing date.
1 GDBNo Gravatar April 20, 2012 at 12:14 am

I got a lot of questions on requirements for filing dates for provisionals and also for reissues 04/19/12.

2 HarryNo Gravatar March 11, 2016 at 12:05 pm

This is true for application filed prior to 18DEC2016. For applications filed under 35 U.S.C. 111(a) on or after December 18, 2013, except for design applications, a filing date is granted to a nonprovisional application when a specification, with or without claims, is received in the Office.

3 MayteaNo Gravatar March 21, 2016 at 2:27 pm

Dec 2016?

I think you have a typo I n first sentance

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