Requirement for Patent Filing Date in the United States

 In the United States, a patent application must meet certain requirements to obtain a filing date, which is the date on which the United States Patent and Trademark Office (USPTO) receives a complete patent application. The filing date is important because it determines the priority date of the patent application and the start of the patent term. To obtain a filing date, the following elements are necessary:

1.           A written description of the invention: The patent application must include a written description of the invention that is clear and complete enough to enable a person skilled in the art to make and use the invention. 35 U.S.C. § 112(a).

2.           A clear and concise specification: The patent application must include a clear and concise specification that concludes with one or more claims that define the scope of the invention. 35 U.S.C. § 112(b).

3.           Drawings (if necessary): If the invention is capable of being illustrated, the patent application must include drawings that show the invention in detail. 37 C.F.R. § 1.84.

4.           Filing fee: The patent application must be accompanied by the appropriate filing fee. 35 U.S.C. § 41.

5.           A patent application cover sheet: The USPTO requires that a patent application cover sheet be submitted with the patent application to identify the inventor(s), the title of the invention, and other relevant information. 37 C.F.R. § 1.51.

It is important to note that the application must be filed by the inventor or inventors, or by an authorized representative on their behalf. Additionally, the application must be filed before any public disclosure of the invention, as public disclosure may affect the patentability of the invention.

The above elements are provided in the United States Code Title 35, section 111, which states that an application for a patent shall include a specification, a claim or claims, and a drawing (when required) and the Code of Federal Regulations (CFR) Title 37, section 1.51, which outlines the requirements for a patent application cover sheet.