MPEP § 201.02 — General Terms Used to Describe Applications (Annotated Rules)
§201.02 General Terms Used to Describe Applications
This page consolidates and annotates all enforceable requirements under MPEP § 201.02, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
General Terms Used to Describe Applications
This section addresses General Terms Used to Describe Applications. Primary authority: 35 U.S.C. 120, 37 CFR 1.9(a), and 37 CFR 1.9(b). Contains: 1 guidance statement, 1 permission, and 5 other statements.
Key Rules
Components Required for Filing Date
A “substitute” application is in essence the duplicate of an application by the same applicant abandoned before the filing of the later application. Current practice does not require applicant to insert in the specification reference to the earlier application; however, attention should be called to the earlier application. A substitute application does not obtain the benefit of the filing date of the prior application. Use form paragraph 2.07 to remind applicant of possible substitute status.
A “substitute” application is in essence the duplicate of an application by the same applicant abandoned before the filing of the later application. Current practice does not require applicant to insert in the specification reference to the earlier application; however, attention should be called to the earlier application. A substitute application does not obtain the benefit of the filing date of the prior application. Use form paragraph 2.07 to remind applicant of possible substitute status.
A “substitute” application is in essence the duplicate of an application by the same applicant abandoned before the filing of the later application. Current practice does not require applicant to insert in the specification reference to the earlier application; however, attention should be called to the earlier application. A substitute application does not obtain the benefit of the filing date of the prior application. Use form paragraph 2.07 to remind applicant of possible substitute status.
Reissue Application Filing
“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.
“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.
Effect of International Filing
See 37 CFR 1.9(a) for definitions of the terms “national application,” “provisional application,” and “nonprovisional application;” see 37 CFR 1.9(b) for the definition of “international application;" and see 37 CFR 1.9(n) for the definition of ”international design application." See also MPEP § 201.01.
Continuation-in-Part Benefit
A continuing application is a continuation, divisional, or continuation-in-part application filed under the conditions specified in 35 U.S.C. 120, 121, 365(c), or 386(c) and 37 CFR 1.78.
Filing Date Requirements
A “substitute” application is in essence the duplicate of an application by the same applicant abandoned before the filing of the later application. Current practice does not require applicant to insert in the specification reference to the earlier application; however, attention should be called to the earlier application. A substitute application does not obtain the benefit of the filing date of the prior application. Use form paragraph 2.07 to remind applicant of possible substitute status.
Examiner Form Paragraphs
Examiner form paragraphs are standard language that you might see in an Office Action or communication from the USPTO. Examiners have latitude to change the form paragraphs, but you will often see this exact language.
Applicant refers to this application as a “substitute” of Application No. [1] , filed [2] . The term “substitute” is used to designate an application which is in essence the duplicate of an application by the same applicant abandoned before the filing of the later application. A “substitute” does not obtain the benefit of the filing date of the prior application.
Citations
| Primary topic | Citation |
|---|---|
| Continuation-in-Part Benefit | 35 U.S.C. § 120 |
| Continuation-in-Part Benefit | 37 CFR § 1.78 |
| Effect of International Filing | 37 CFR § 1.9(a) |
| Effect of International Filing | 37 CFR § 1.9(b) |
| Effect of International Filing | 37 CFR § 1.9(n) |
| Effect of International Filing | MPEP § 201.01 |
| Components Required for Filing Date Filing Date Requirements | Form Paragraph § 2.07 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 201.02 — General Terms Used to Describe Applications
Source: USPTO201.02 General Terms Used to Describe Applications [R-07.2015]
See 37 CFR 1.9(a) for definitions of the terms “national application,” “provisional application,” and “nonprovisional application;” see 37 CFR 1.9(b) for the definition of “international application;” and see 37 CFR 1.9(n) for the definition of ”international design application.” See also MPEP § 201.01.
“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.
A continuing application is a continuation, divisional, or continuation-in-part application filed under the conditions specified in 35 U.S.C. 120, 121, 365(c), or 386(c) and 37 CFR 1.78.
A “substitute” application is in essence the duplicate of an application by the same applicant abandoned before the filing of the later application. Current practice does not require applicant to insert in the specification reference to the earlier application; however, attention should be called to the earlier application. A substitute application does not obtain the benefit of the filing date of the prior application. Use form paragraph 2.07 to remind applicant of possible substitute status.
¶ 2.07 Definition of a Substitute
Applicant refers to this application as a “substitute” of Application No. [1], filed [2]. The term “substitute” is used to designate an application which is in essence the duplicate of an application by the same applicant abandoned before the filing of the later application. A “substitute” does not obtain the benefit of the filing date of the prior application.