取得美國申請日的基本要求

取得美國專利申請日的基本要求：（37 CFR 1.53）

1. 符合美國專利法第112條規定的說明書
2. 至少一個權利範圍
3. 圖示
4. 申請日後不得新增新事物（new matter）
5. 日後於規定時間內（一般為兩個月內，可延長）應補充其他必要文件（如宣誓書）與費用
   

[原文]
(b) Application filing requirements -- Nonprovisional application. The filing date of an application for patent filed under this section, except for a provisional application under paragraph (c) of this section or a continued prosecution application under paragraph (d) of this section, is the date on which a specification as prescribed by 35 U.S.C. 112 containing a description pursuant to § 1.71 and at least one claim pursuant to § 1.75, and any drawing required by § 1.81(a) are filed in the Patent and Trademark Office. No new matter may be introduced into an application after its filing date. A continuing application, which may be a continuation, divisional, or continuation-in-part application, may be filed under the conditions specified in 35 U.S.C. 120, 121 or 365(c) and § 1.78(a).

(1) A continuation or divisional application that names as inventors the same or fewer than all of the inventors named in the prior application may be filed under this paragraph or paragraph (d) of this section.
(2) A continuation-in-part application (which may disclose and claim subject matter not disclosed in the prior application) or a continuation or divisional application naming an inventor not named in the prior application must be filed under this paragraph.

取得美國商標申請日的基本要求：（37 CFR 2.21）

1. 申請人名稱
2. 聯絡名稱與地址
3. 清楚的圖示與標示
4. 列舉物品與服務
5. 費用

若無符合上述要求，將無法取得申請日，並退件！

[原文]
§2.21 Requirements for receiving a filing date.

(a)The Office will grant a filing date to an application under section 1 or section 44 of the Act that contains all of the following:

(1)The name of the applicant;
(2)A name and address for correspondence;
(3)A clear drawing of the mark;
(4)A listing of the goods or services; and
(5)The filing fee for at least one class of goods or services, required by § 2.6.

(b) If the applicant does not submit all the elements required in paragraph (a) of this section, the Office may return the papers with an explanation of why the filing date was denied.

(c) The applicant may correct and resubmit the application papers. If the resubmitted papers and fee meet all the requirements of paragraph (a) of this section, the Office will grant a filing date as of the date the Office receives the corrected papers.

Ron