US Code

Public Law 119-73 (01/23/2026)

35 U.S.C. § 111

Application

(a)

In General.—

(1)

Written application .—

An application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Director.
(2)

Contents .—

Such application shall include—
(A)
a specification as prescribed by section 112;
(B)
a drawing as prescribed by section 113; and
(C)
an oath or declaration as prescribed by section 115.
(3)

Fee, oath or declaration, and claims .—

The application shall be accompanied by the fee required by law. The fee, oath or declaration, and 1 or more claims may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director. Upon failure to submit the fee, oath or declaration, and 1 or more claims within such prescribed period, the application shall be regarded as abandoned.
(4)

Filing date .—

The filing date of an application shall be the date on which a specification, with or without claims, is received in the United States Patent and Trademark Office.
(b)

Provisional Application.—

(1)

Authorization .—

A provisional application for patent shall be made or authorized to be made by the inventor, except as otherwise provided in this title, in writing to the Director. Such application shall include—
(A)
a specification as prescribed by section 112(a); and
(B)
a drawing as prescribed by section 113.
(2)

Claim .—

A claim, as required by subsections (b) through (e) of section 112, shall not be required in a provisional application.
(3)

Fee .—

The application shall be accompanied by the fee required by law. The fee may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director. Upon failure to submit the fee within such prescribed period, the application shall be regarded as abandoned.
(4)

Filing date .—

The filing date of a provisional application shall be the date on which a specification, with or without claims, is received in the United States Patent and Trademark Office.
(5)

Abandonment .—

Notwithstanding the absence of a claim, upon timely request and as prescribed by the Director, a provisional application may be treated as an application filed under subsection (a). Subject to section 119(e)(3), if no such request is made, the provisional application shall be regarded as abandoned 12 months after the filing date of such application and shall not be subject to revival after such 12-month period.
(6)

Other basis for provisional application .—

Subject to all the conditions in this subsection and section 119(e), and as prescribed by the Director, an application for patent filed under subsection (a) may be treated as a provisional application for patent.
(7)

No right of priority or benefit of earliest filing date .—

A provisional application shall not be entitled to the right of priority of any other application under section 119, 365(a), or 386(a) or to the benefit of an earlier filing date in the United States under section 120, 121, 365(c), or 386(c).
(8)

Applicable provisions .—

The provisions of this title relating to applications for patent shall apply to provisional applications for patent, except as otherwise provided, and except that provisional applications for patent shall not be subject to sections 131 and 135.
(c)

Prior Filed Application .—

Notwithstanding the provisions of subsection (a), the Director may prescribe the conditions, including the payment of a surcharge, under which a reference made upon the filing of an application under subsection (a) to a previously filed application, specifying the previously filed application by application number and the intellectual property authority or country in which the application was filed, shall constitute the specification and any drawings of the subsequent application for purposes of a filing date. A copy of the specification and any drawings of the previously filed application shall be submitted within such period and under such conditions as may be prescribed by the Director. A failure to submit the copy of the specification and any drawings of the previously filed application within the prescribed period shall result in the application being regarded as abandoned. Such application shall be treated as having never been filed, unless—
(1)
the application is revived under section 27; and
(2)
a copy of the specification and any drawings of the previously filed application are submitted to the Director.

July 19, 1952, ch. 95066 Stat. 798Pub. L. 97–247, § 596 Stat. 319Pub. L. 103–465, title V, § 532(b)(3)108 Stat. 4986Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4732(a)(10)(A), 4801(a)]113 Stat. 1536Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)116 Stat. 1906Pub. L. 112–29125 Stat. 287Pub. L. 112–211, title I, § 102(3)126 Stat. 1531(, ; , , ; , , ; , , , 1501A–582, 1501A–588; , , ; , §§ 3(e)(2), 4(a)(3), (d), 20(j), , , 295, 296, 335; , title II, § 201(a), , , 1533.)

Historical and Revision Notes

Mar. 3, 1915, ch. 94, § 138 Stat. 958May 23, 1930, ch. 312, § 246 Stat. 376Based on Title 35, U.S.C., 1946 ed., § 33 (R.S. 4888, amended (1) , ; (2) , ).

The corresponding section of existing statute is divided into an introductory section relating to the application generally (this section) and a section on the specification (sec. 112).

The parts of the application are specified and the requirement for signature is placed in this general section so as to insure that only one signature will suffice.

Editorial Notes

Amendments

Pub. L. 112–211, § 201(a)(1)2012—Subsec. (a)(3), (4). , added pars. (3) and (4) and struck out former pars. (3) and (4) which related to fee and oath or declaration and failure to submit.

Pub. L. 112–211, § 201(a)(2)Subsec. (b)(3), (4). , added pars. (3) and (4) and struck out former pars. (3) and (4) which related to fee and filing date of a provisional application.

Pub. L. 112–211, § 102(3)Subsec. (b)(7). , substituted “section 119, 365(a), or 386(a)” for “section 119 or 365(a)” and “section 120, 121, 365(c), or 386(c)” for “section 120, 121, or 365(c)”.

Pub. L. 112–211, § 201(a)(3)Subsec. (c). , added subsec. (c).

Pub. L. 112–29, § 20(j)2011—Subsec. (a)(2)(A). , struck out “of this title” after “112”.

Pub. L. 112–29, § 20(j)Subsec. (a)(2)(B). , struck out “of this title” after “113”.

Pub. L. 112–29, § 20(j)Subsec. (a)(2)(C). , struck out “of this title” after “115”.

Pub. L. 112–29, § 4(a)(3)(A), substituted “or declaration” for “by the applicant”.

Pub. L. 112–29, § 4(a)(3)(B)Subsec. (a)(3). , (C), inserted “or declaration” after “and oath” in heading and text.

Pub. L. 112–29, § 4(a)(3)(C)Subsec. (a)(4). , inserted “or declaration” after “and oath” in two places.

Pub. L. 112–29, § 4(d)(1)section 112 of this titleSubsec. (b)(1)(A). , substituted “section 112(a)” for “the first paragraph of ”.

Pub. L. 112–29, § 20(j)Subsec. (b)(1)(B). , struck out “of this title” after “113”.

Pub. L. 112–29, § 4(d)(2)Subsec. (b)(2). , substituted “subsections (b) through (e) of section 112,” for “the second through fifth paragraphs of section 112,”.

Pub. L. 112–29, § 20(j)Subsec. (b)(5). , struck out “of this title” after “119(e)(3)”.

Pub. L. 112–29, § 20(j)Subsec. (b)(6). , struck out “of this title” after “119(e)”.

Pub. L. 112–29, § 20(j)Subsec. (b)(7). , struck out “of this title” after “365(a)” and after “365(c)”.

Pub. L. 112–29, § 20(j)Subsec. (b)(8). , struck out “of this title” before period at end.

Pub. L. 112–29, § 3(e)(2), substituted “sections 131 and 135” for “sections 115, 131, 135, and 157”.

Pub. L. 107–273Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]2002—Subsecs. (a)(1), (3), (4), (b)(1), (3)(B), (C), (6). made technical correction to directory language of . See 1999 Amendment notes below.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]Pub. L. 107–2731999—Subsecs. (a)(1), (3), (4), (b)(1), (3)(B), (C). , as amended by , substituted “Director” for “Commissioner”.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4801(a)]Subsec. (b)(5). , amended heading and text of par. (5) generally. Prior to amendment, text read as follows: “The provisional application shall be regarded as abandoned 12 months after the filing date of such application and shall not be subject to revival thereafter.”

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]Pub. L. 107–273Subsec. (b)(6). , as amended by , substituted “Director” for “Commissioner”.

Pub. L. 103–465section 112 of this titlesection 113 of this titlesection 115 of this title1994— amended section generally. Prior to amendment, section read as follows: “Application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Commissioner. Such application shall include (1) a specification as prescribed by ; (2) a drawing as prescribed by ; and (3) an oath by the applicant as prescribed by . The application must be accompanied by the fee required by law. The fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner. Upon failure to submit the fee and oath within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oath was unavoidable. The filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office.”

Pub. L. 97–2471982— inserted “, or authorized to be made,” after “shall be made”, struck out the colon after “shall include”, struck out “signed by the applicant and” after “The application”, and inserted provisions that the fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner, that upon failure to submit the fee and oath within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oath was unavoidable, and that the filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

section 102(3) of Pub. L. 112–211section 103 of Pub. L. 112–211section 100 of this titleAmendment by effective on the later of the date that is 1 year after , or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (), and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see , set out as a note under .

section 201(a) of Pub. L. 112–211section 203 of Pub. L. 112–211section 27 of this titleAmendment by effective on the date that is 1 year after , applicable to certain patents and applications for patent, and not effective with respect to patents in litigation commenced before the effective date, see , set out as an Effective Date note under .

Effective Date of 2011 Amendment

Pub. L. 112–29, § 3(e)(3)125 Stat. 288

section 157 of this title“The amendments made by this subsection [amending this section and repealing ] shall take effect upon the expiration of the 18-month period beginning on the date of the enactment of this Act [], and shall apply to any request for a statutory invention registration filed on or after that effective date.”
, , , provided that:

Pub. L. 112–29, § 4(e)125 Stat. 297

“The amendments made by this section [amending this section and sections 112, 115, 118, 121, and 251 of this title] shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act [] and shall apply to any patent application that is filed on or after that effective date.”
, , , provided that:

section 20(j) of Pub. L. 112–29lPub. L. 112–29section 2 of this titleAmendment by effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, see section 20() of , set out as a note under .

Effective Date of 1999 Amendment

Pub. L. 106–113Pub. L. 106–113section 1 of this titleAmendment by section 1000(a)(9) [title IV, § 4732(a)(10)(A)] of effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under .

Pub. L. 106–113Pub. L. 106–113section 119 of this titleAmendment by section 1000(a)(9) [title IV, § 4801(a)] of effective , and applicable to any provisional application filed on or after , see section 1000(a)(9) [title IV, § 4801(d)] of , set out as a note under .

Effective Date of 1994 Amendment

Pub. L. 103–465Pub. L. 103–465section 154 of this titleAmendment by effective 6 months after , and applicable to all patent applications filed in the United States on or after that effective date, with provisions relating to earliest filed patent application, see section 534(b)(1), (3) of , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–247section 17(c) of Pub. L. 97–247section 294 of this titleAmendment by effective six months after , see , set out as an Effective Date note under .

Emergency Relief From Postal Situation Affecting Patent, Trademark, and Other Federal Cases

Pub. L. 92–3485 Stat. 87, , , provided that a patent or trademark application would be considered filed in the United States Patent Office on the date that it would have been received by the Patent Office except for the delay caused by emergency situation affecting postal service from to , if a claim was made.