MPEP § 203.01 — New (Annotated Rules)
§203.01 New
This page consolidates and annotates all enforceable requirements under MPEP § 203.01, 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.
New
This section addresses New. Primary authority: 37 CFR 1.114) and 37 CFR 1.114. Contains: 3 statements.
Key Rules
First Action on Merits (FAOM)
A “new” application is a nonprovisional application that has not yet received an action by the examiner. An amendment filed prior to the first Office Action does not alter the status of a “new” application. Note that a request for continued examination (RCE)(see 37 CFR 1.114) is not a type of new application filing. See MPEP § 706.07(h).
A “new” application is a nonprovisional application that has not yet received an action by the examiner. An amendment filed prior to the first Office Action does not alter the status of a “new” application. Note that a request for continued examination (RCE)(see 37 CFR 1.114) is not a type of new application filing. See MPEP § 706.07(h).
RCE Filing Requirements
A “new” application is a nonprovisional application that has not yet received an action by the examiner. An amendment filed prior to the first Office Action does not alter the status of a “new” application. Note that a request for continued examination (RCE)(see 37 CFR 1.114) is not a type of new application filing. See MPEP § 706.07(h).
Citations
| Primary topic | Citation |
|---|---|
| First Action on Merits (FAOM) RCE Filing Requirements | 37 CFR § 1.114 |
| First Action on Merits (FAOM) RCE Filing Requirements | MPEP § 706.07(h) |
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 § 203.01 — New
Source: USPTO203.01 New [R-11.2013]
A “new” application is a nonprovisional application that has not yet received an action by the examiner. An amendment filed prior to the first Office Action does not alter the status of a “new” application. Note that a request for continued examination (RCE)(see 37 CFR 1.114) is not a type of new application filing. See MPEP § 706.07(h).