How does the USPTO define different types of patent applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

The United States Patent and Trademark Office (USPTO) defines different types of patent applications in the Code of Federal Regulations (CFR) and the Manual of Patent Examining Procedure (MPEP). Specifically:

  • National application, Provisional application, and Nonprovisional application are defined in 37 CFR 1.9(a)
  • International application is defined in 37 CFR 1.9(b)
  • International design application is defined in 37 CFR 1.9(n)

These definitions provide the legal basis for understanding the different types of applications that can be filed with the USPTO. For more detailed explanations and context, refer to MPEP § 201, which provides comprehensive guidance on types and status of applications.

Topics: MPEP 200 – Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case