What defines a ‘new’ application according to the MPEP?

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.

According to MPEP 203.01, a ‘new’ application is defined as follows:

A ‘new’ application is a nonprovisional application that has not yet received an action by the examiner.

This means that a patent application is considered ‘new’ from the time it is filed until the patent examiner issues their first official response or action on the application.