What is an ‘original’ application in patent law?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 8 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An ‘original’ application in patent law refers to an application that is not a reissue application. The MPEP states: “Original” application is used in the patent statutes and rules to refer to an application which is not a reissue application. An original application may be a first filing or a continuing application. This means that an original application can be either: The first filing of a patent application for an invention A continuing application (continuation, divisional, or continuation-in-part) filed under the conditions specified in 35 U.S.C. 120 , 121 , 365(c) , or 386(c) and 37 CFR 1.78 Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse Individuals Must Disclose Material Information for Patentability MPEP 2005 Requirement for Examiner to Obtain Reasonably Necessary Information MPEP 2005 Examiner Can Require Information Under 37 CFR 1.105 MPEP 2005 Materiality vs Reasonable Necessity for Disclosure MPEP 2005 Permitted Information Required for Examination Not Necessarily Material to Patentability MPEP 2005 Required Examiner May Require Assignee Information MPEP 2005 Permitted Examiner Can Require Drug Product Manufacturing Details MPEP 2005 Permitted Requirement for Submission of Non-Patentability Material MPEP 2001.04 Other Related FAQs 5 FAQs Collapse What is an inventor&#8217;s certificate and how does it relate to patent priority rights? What happens if an international application designating the US is withdrawn? How does an international application designating the US affect benefit claims? Can an international application be used as a basis for priority in a U.S. national application? What happens if an international application designating the US is...