Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 200 - Types and Status of Application; Benefit and Priority (6)
A patent application stops being considered ‘new’ when it receives its first action from the examiner. According to MPEP 203.01:
A ‘new’ application is a nonprovisional application that has not yet received an action by the examiner.
This implies that once the examiner issues any official communication or action on the merits of the application, such as a non-final rejection or a notice of allowance, the application is no longer considered ‘new’ in the patent examination process.
To learn more:
According to MPEP 203.01, only nonprovisional applications can be considered ‘new’. The section states:
A ‘new’ application is a nonprovisional application that has not yet received an action by the examiner.
This means that provisional applications, which are place-holder applications that don’t get examined, are not classified as ‘new’ applications under this definition. Only nonprovisional utility, design, or plant patent applications can have the ‘new’ status before they receive their first examiner action.
To learn more:
A ‘new’ patent application is a nonprovisional application that has not yet received an action by the examiner. According to MPEP 203.01:
An amendment filed prior to the first Office Action does not alter the status of a ‘new’ application.
It’s important to note that a request for continued examination (RCE) is not considered a new application filing.
For more information on new application, visit: new application.
For more information on nonprovisional application, visit: nonprovisional application.
For more information on patent examination, visit: patent examination.
For more information on RCE, visit: RCE.
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.
To learn more:
No, a Request for Continued Examination (RCE) is not considered a new application. The MPEP 203.01 clarifies this point:
Note that a request for continued examination (RCE)(see 37 CFR 1.114) is not a type of new application filing.
An RCE is a way to continue prosecution of an existing application after a final rejection, rather than starting a new application. For more details on RCEs, refer to MPEP § 706.07(h).
To learn more:
No, filing an amendment does not change the status of a ‘new’ application. The MPEP 203.01 explicitly states:
An amendment filed prior to the first Office Action does not alter the status of a ‘new’ application.
This means that even if you submit changes or corrections to your application before receiving any feedback from the examiner, your application is still considered ‘new’ in the eyes of the patent office.
To learn more:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims (3)
A “new” nonprovisional patent application is one that has not yet received an action by the examiner. Its status as a “new” application continues until the examiner takes action, even if the applicant files an amendment prior to the first Office Action. A request for continued examination (RCE) under 37 CFR 1.114 is not considered a new application filing.
According to MPEP 203.01, a ‘new’ application is defined as:
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.
It’s important to note that a request for continued examination (RCE) is not considered a new application filing.
A substitute application is a type of national application that is filed to replace a previously filed non-provisional or provisional application. It is used when an applicant wants to start over with a new application while maintaining the benefit of the earlier filing date for common subject matter.
Key points about substitute applications:
- They are treated as new applications and receive a new application number.
- The previously filed application is considered to be abandoned as of the filing date of the substitute application.
- Substitute applications can claim the benefit of the earlier application’s filing date for common subject matter.
- They must be filed while the earlier application is still pending.
- Applicants must file a copy of the original application, specification, drawings, and amendments, if any, and a new oath or declaration.
For more information, see MPEP 201.09 and 37 CFR 1.53.
MPEP 201 - Types of Applications (1)
A substitute application is a type of national application that is filed to replace a previously filed non-provisional or provisional application. It is used when an applicant wants to start over with a new application while maintaining the benefit of the earlier filing date for common subject matter.
Key points about substitute applications:
- They are treated as new applications and receive a new application number.
- The previously filed application is considered to be abandoned as of the filing date of the substitute application.
- Substitute applications can claim the benefit of the earlier application’s filing date for common subject matter.
- They must be filed while the earlier application is still pending.
- Applicants must file a copy of the original application, specification, drawings, and amendments, if any, and a new oath or declaration.
For more information, see MPEP 201.09 and 37 CFR 1.53.
MPEP 203 - Status of Applications (3)
A “new” nonprovisional patent application is one that has not yet received an action by the examiner. Its status as a “new” application continues until the examiner takes action, even if the applicant files an amendment prior to the first Office Action. A request for continued examination (RCE) under 37 CFR 1.114 is not considered a new application filing.
A ‘new’ patent application is a nonprovisional application that has not yet received an action by the examiner. According to MPEP 203.01:
An amendment filed prior to the first Office Action does not alter the status of a ‘new’ application.
It’s important to note that a request for continued examination (RCE) is not considered a new application filing.
For more information on new application, visit: new application.
For more information on nonprovisional application, visit: nonprovisional application.
For more information on patent examination, visit: patent examination.
For more information on RCE, visit: RCE.
According to MPEP 203.01, a ‘new’ application is defined as:
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.
It’s important to note that a request for continued examination (RCE) is not considered a new application filing.
MPEP 300 - Ownership and Assignment (1)
A title report is typically prepared at specific stages of the patent process. The MPEP Section 320 states that “A title report is prepared when a new application is filed in order to notify the examiner of the assignment status of the application.” Additionally, title reports are prepared:
- When a Notice of Allowance is mailed
- When an application is ready for issue
- When a request for a correction of inventorship is received
These reports ensure that the most current ownership information is available at critical points in the patent process.
For more information on new application, visit: new application.
For more information on notice of allowance, visit: notice of allowance.
For more information on title report, visit: title report.
MPEP 320 - Title Reports (1)
A title report is typically prepared at specific stages of the patent process. The MPEP Section 320 states that “A title report is prepared when a new application is filed in order to notify the examiner of the assignment status of the application.” Additionally, title reports are prepared:
- When a Notice of Allowance is mailed
- When an application is ready for issue
- When a request for a correction of inventorship is received
These reports ensure that the most current ownership information is available at critical points in the patent process.
For more information on new application, visit: new application.
For more information on notice of allowance, visit: notice of allowance.
For more information on title report, visit: title report.
Patent Law (10)
A title report is typically prepared at specific stages of the patent process. The MPEP Section 320 states that “A title report is prepared when a new application is filed in order to notify the examiner of the assignment status of the application.” Additionally, title reports are prepared:
- When a Notice of Allowance is mailed
- When an application is ready for issue
- When a request for a correction of inventorship is received
These reports ensure that the most current ownership information is available at critical points in the patent process.
For more information on new application, visit: new application.
For more information on notice of allowance, visit: notice of allowance.
For more information on title report, visit: title report.
A patent application stops being considered ‘new’ when it receives its first action from the examiner. According to MPEP 203.01:
A ‘new’ application is a nonprovisional application that has not yet received an action by the examiner.
This implies that once the examiner issues any official communication or action on the merits of the application, such as a non-final rejection or a notice of allowance, the application is no longer considered ‘new’ in the patent examination process.
To learn more:
According to MPEP 203.01, only nonprovisional applications can be considered ‘new’. The section states:
A ‘new’ application is a nonprovisional application that has not yet received an action by the examiner.
This means that provisional applications, which are place-holder applications that don’t get examined, are not classified as ‘new’ applications under this definition. Only nonprovisional utility, design, or plant patent applications can have the ‘new’ status before they receive their first examiner action.
To learn more:
A “new” nonprovisional patent application is one that has not yet received an action by the examiner. Its status as a “new” application continues until the examiner takes action, even if the applicant files an amendment prior to the first Office Action. A request for continued examination (RCE) under 37 CFR 1.114 is not considered a new application filing.
A ‘new’ patent application is a nonprovisional application that has not yet received an action by the examiner. According to MPEP 203.01:
An amendment filed prior to the first Office Action does not alter the status of a ‘new’ application.
It’s important to note that a request for continued examination (RCE) is not considered a new application filing.
For more information on new application, visit: new application.
For more information on nonprovisional application, visit: nonprovisional application.
For more information on patent examination, visit: patent examination.
For more information on RCE, visit: RCE.
According to MPEP 203.01, a ‘new’ application is defined as:
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.
It’s important to note that a request for continued examination (RCE) is not considered a new application filing.
A substitute application is a type of national application that is filed to replace a previously filed non-provisional or provisional application. It is used when an applicant wants to start over with a new application while maintaining the benefit of the earlier filing date for common subject matter.
Key points about substitute applications:
- They are treated as new applications and receive a new application number.
- The previously filed application is considered to be abandoned as of the filing date of the substitute application.
- Substitute applications can claim the benefit of the earlier application’s filing date for common subject matter.
- They must be filed while the earlier application is still pending.
- Applicants must file a copy of the original application, specification, drawings, and amendments, if any, and a new oath or declaration.
For more information, see MPEP 201.09 and 37 CFR 1.53.
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.
To learn more:
No, a Request for Continued Examination (RCE) is not considered a new application. The MPEP 203.01 clarifies this point:
Note that a request for continued examination (RCE)(see 37 CFR 1.114) is not a type of new application filing.
An RCE is a way to continue prosecution of an existing application after a final rejection, rather than starting a new application. For more details on RCEs, refer to MPEP § 706.07(h).
To learn more:
No, filing an amendment does not change the status of a ‘new’ application. The MPEP 203.01 explicitly states:
An amendment filed prior to the first Office Action does not alter the status of a ‘new’ application.
This means that even if you submit changes or corrections to your application before receiving any feedback from the examiner, your application is still considered ‘new’ in the eyes of the patent office.
To learn more:
Patent Procedure (10)
A title report is typically prepared at specific stages of the patent process. The MPEP Section 320 states that “A title report is prepared when a new application is filed in order to notify the examiner of the assignment status of the application.” Additionally, title reports are prepared:
- When a Notice of Allowance is mailed
- When an application is ready for issue
- When a request for a correction of inventorship is received
These reports ensure that the most current ownership information is available at critical points in the patent process.
For more information on new application, visit: new application.
For more information on notice of allowance, visit: notice of allowance.
For more information on title report, visit: title report.
A patent application stops being considered ‘new’ when it receives its first action from the examiner. According to MPEP 203.01:
A ‘new’ application is a nonprovisional application that has not yet received an action by the examiner.
This implies that once the examiner issues any official communication or action on the merits of the application, such as a non-final rejection or a notice of allowance, the application is no longer considered ‘new’ in the patent examination process.
To learn more:
According to MPEP 203.01, only nonprovisional applications can be considered ‘new’. The section states:
A ‘new’ application is a nonprovisional application that has not yet received an action by the examiner.
This means that provisional applications, which are place-holder applications that don’t get examined, are not classified as ‘new’ applications under this definition. Only nonprovisional utility, design, or plant patent applications can have the ‘new’ status before they receive their first examiner action.
To learn more:
A “new” nonprovisional patent application is one that has not yet received an action by the examiner. Its status as a “new” application continues until the examiner takes action, even if the applicant files an amendment prior to the first Office Action. A request for continued examination (RCE) under 37 CFR 1.114 is not considered a new application filing.
A ‘new’ patent application is a nonprovisional application that has not yet received an action by the examiner. According to MPEP 203.01:
An amendment filed prior to the first Office Action does not alter the status of a ‘new’ application.
It’s important to note that a request for continued examination (RCE) is not considered a new application filing.
For more information on new application, visit: new application.
For more information on nonprovisional application, visit: nonprovisional application.
For more information on patent examination, visit: patent examination.
For more information on RCE, visit: RCE.
According to MPEP 203.01, a ‘new’ application is defined as:
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.
It’s important to note that a request for continued examination (RCE) is not considered a new application filing.
A substitute application is a type of national application that is filed to replace a previously filed non-provisional or provisional application. It is used when an applicant wants to start over with a new application while maintaining the benefit of the earlier filing date for common subject matter.
Key points about substitute applications:
- They are treated as new applications and receive a new application number.
- The previously filed application is considered to be abandoned as of the filing date of the substitute application.
- Substitute applications can claim the benefit of the earlier application’s filing date for common subject matter.
- They must be filed while the earlier application is still pending.
- Applicants must file a copy of the original application, specification, drawings, and amendments, if any, and a new oath or declaration.
For more information, see MPEP 201.09 and 37 CFR 1.53.
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.
To learn more:
No, a Request for Continued Examination (RCE) is not considered a new application. The MPEP 203.01 clarifies this point:
Note that a request for continued examination (RCE)(see 37 CFR 1.114) is not a type of new application filing.
An RCE is a way to continue prosecution of an existing application after a final rejection, rather than starting a new application. For more details on RCEs, refer to MPEP § 706.07(h).
To learn more:
No, filing an amendment does not change the status of a ‘new’ application. The MPEP 203.01 explicitly states:
An amendment filed prior to the first Office Action does not alter the status of a ‘new’ application.
This means that even if you submit changes or corrections to your application before receiving any feedback from the examiner, your application is still considered ‘new’ in the eyes of the patent office.
To learn more: