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The filing date marks the USPTO’s receipt of a patent application wherein the application includes:

  1. a specification description and, if the application is non-provisional, at least one claim and,
  2. any required drawings (if parts are missing the USPTO can refuse to assign a filing date).
  3. If the patent application is filed by express mail with a proper certificate of mailing, the filing date is when the Post Office accepted the application, otherwise it’s the date the application was received in the USPTO mail room.

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