Patent Law FAQ

For provisional applications, the USPTO can provide the following information:

• Application number
• Filing date
• Whether the application is pending or abandoned
• Expiration date

It’s important to note that provisional applications are not published, so no additional information beyond these basic details is available to the public.

While most patent application files are available for public inspection, there are several exceptions:

• Pending or abandoned applications that have not been published under 35 U.S.C. 122(b)
• Applications subject to a secrecy order
• Provisional applications
• Applications that have been terminated or denied and are no longer open to public inspection
• Interference files, until judgment is entered (subject to certain exceptions)
• Applications for extension of patent term and any related submissions
• Certain trade secret, proprietary, and protective order materials

These exceptions are in place to protect confidential information and maintain the integrity of the patent application process.

Under 35 U.S.C. 111(a), two types of national applications can be filed:

• Nonprovisional applications: These are regular patent applications that, if granted, can result in an issued patent.
• Provisional applications: These provide a priority date but do not mature into patents without further action.

The MPEP 201.01 states: ‘National applications may be filed under 35 U.S.C. 111(a) as provisional applications under 35 U.S.C. 111(b) or as nonprovisional applications under 35 U.S.C. 111(a).’ Each type has specific requirements and serves different purposes in the patent application process.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent filing, visit: patent filing.

For more information on USPTO, visit: USPTO.

The time limit for filing a petition to accept a delayed benefit claim depends on the type of application:

• For nonprovisional applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior-filed application.
• For design applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior-filed application.
• For international applications entering the national stage under 35 U.S.C. 371: The time limit is four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f).

As stated in MPEP 211.04: “If the later-filed application is a nonprovisional application entering the national stage from an international application under 35 U.S.C. 371, this period is 4 months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f).”

To learn more:

• delayed benefit claim
• petition time limit
• national stage applications
• nonprovisional applications
• design applications

MPEP 201.01 outlines several types of national applications that can be filed with the USPTO. These include:

• Original (nonprovisional) applications
• Reissue applications
• Design applications
• Plant applications
• Provisional applications

As stated in MPEP 201.01: ‘National applications include original (nonprovisional), reissue, design, plant, and provisional applications.’

Each of these application types serves a specific purpose in the patent system and is subject to different rules and requirements.

For more information on design applications, visit: design applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on plant applications, visit: plant applications.

For more information on reissue applications, visit: reissue applications.

There are three main types of national applications for patents in the United States:

• Nonprovisional applications filed under 35 U.S.C. 111(a)
• Provisional applications filed under 35 U.S.C. 111(b)
• International applications that have entered the national stage in the United States

As stated in MPEP 201.01: “Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications filed under 37 CFR 1.53(b), and design patent continued prosecution applications (CPAs) filed under 37 CFR 1.53(d).”

For more information on international applications, visit: international applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

There are several types of patent applications in the United States:

• Nonprovisional applications filed under 35 U.S.C. 111(a), including utility, plant, and design patent applications
• Provisional applications filed under 35 U.S.C. 111(b)
• International applications filed under the Patent Cooperation Treaty (PCT)
• International design applications filed under the Hague Agreement

The MPEP states: Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications filed under 37 CFR 1.53(b), and design patent continued prosecution applications (CPAs) filed under 37 CFR 1.53(d).

For more information on Hague Agreement, visit: Hague Agreement.

For more information on international applications, visit: international applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent applications, visit: patent applications.

The main types of national applications under U.S. patent law are:

• Original (non-provisional) applications
• Provisional applications
• Reissue applications
• Divisional applications
• Continuation applications
• Continuation-in-part applications

As stated in MPEP 201.01: National applications include original (non-provisional), provisional, plant, design, reissue, divisional, and continuation applications (which may be filed under 37 CFR 1.53(b)), as well as continuation-in-part applications (which may be filed under 37 CFR 1.53(b)).

For more information on patent law, visit: patent law.

For more information on USPTO, visit: USPTO.

To learn more:

• national applications
• nonprovisional applications
• provisional applications
• patent types

A nonprovisional patent application filed under 35 U.S.C. 111(a) must include several key components. According to the MPEP, these include:

• A specification as prescribed by 35 U.S.C. 112
• A drawing as prescribed by 35 U.S.C. 113 (if necessary)
• An oath or declaration as prescribed by 35 U.S.C. 115
• The application filing fee

The MPEP states: Such application shall include— (A) a specification as prescribed by section 112; (B) a drawing as prescribed by section 113; and (C) an oath or declaration as prescribed by section 115.

It’s important to note that while claims and drawings are not required for obtaining a filing date (except for design applications), they are necessary for a complete application and must be submitted to avoid abandonment.

For more information on filing requirements, visit: filing requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on oath or declaration, visit: oath or declaration.

For more information on patent drawings, visit: patent drawings.

The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013:

• Non-design applications no longer require at least one claim or any drawings to receive a filing date
• Design patent applications still require at least one claim and any required drawings to receive a filing date

The MPEP states: Unless the application is for a design patent, nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013, are no longer required to include at least one claim or any drawings in order to receive a filing date for the application.

Additionally, applications may now be filed by reference to a previously filed application: A nonprovisional application filed under 35 U.S.C. 111(a) on or after December 18, 2013, may be filed by a reference to a previously filed application (foreign, international, provisional, or nonprovisional) indicating that the specification and any drawings of the application are replaced by the reference to the previously filed application.

For more information on filing date requirements, visit: filing date requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent drawings, visit: patent drawings.

For more information on PLTIA, visit: PLTIA.

According to MPEP 201.02, there are several types of patent applications:

• National applications
• Provisional applications
• Nonprovisional applications
• International applications
• International design applications

The definitions for these terms can be found in 37 CFR 1.9. Additionally, applications can be classified as ‘original’ or ‘continuing’ applications. An original application may be a first filing or a continuing application, while a continuing application can be a continuation, divisional, or continuation-in-part application.

For more information on continuing applications, visit: continuing applications.

For more information on international applications, visit: international applications.

For more information on international design applications, visit: international design applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent applications, visit: patent applications.

According to MPEP 203.05, you have 12 months from the filing date of your provisional application to file a nonprovisional application. The MPEP states:

“in the case of a provisional application, no later than 12 months after the filing date of the provisional application”

If you don’t file a nonprovisional application within this timeframe, your provisional application will be considered abandoned. This 12-month period is set by 35 U.S.C. 111(b)(5).

To learn more:

• provisional applications
• nonprovisional applications
• patent filing deadlines

If an applicant fails to take appropriate action during the prosecution of a nonprovisional patent application, it can result in the application being considered abandoned. MPEP 203.05 specifically states that an abandoned application includes one removed from the Office docket through failure of applicant to take appropriate action at some stage in the prosecution of a nonprovisional application. This could include failing to respond to office actions, missing deadlines, or not providing requested information or documents.

The MPEP 201.01 mentions several special types of national applications:

1. Provisional applications (35 U.S.C. 111(b))
2. Reissue applications (35 U.S.C. 251)
3. Design applications (35 U.S.C. 171)
4. Plant applications (35 U.S.C. 161)

These applications have specific requirements and purposes. For example, provisional applications provide a way to establish an early effective filing date, while reissue applications allow for the correction of errors in issued patents. Design applications protect ornamental designs, and plant applications are for new varieties of plants.

For more details on these special application types, refer to the following MPEP sections:
– MPEP 201.04 – Provisional Application
– MPEP 1400 – Reissue
– MPEP 1500 – Design Patents
– MPEP 1600 – Plant Patents

The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013. The key changes are:

• Nonprovisional applications (except for design patent applications) no longer require at least one claim or any drawings to receive a filing date.
• For design patent applications, the filing date is the date on which the USPTO receives the specification including at least one claim and any required drawings.
• As provided in 35 U.S.C. 111(c), a nonprovisional application may be filed by reference to a previously filed application (foreign, international, provisional, or nonprovisional).

These changes simplified the filing process for most nonprovisional applications while maintaining specific requirements for design patent applications.

Under 35 U.S.C. 111(a), two types of national applications can be filed:

• Nonprovisional applications: These are regular patent applications that, if granted, can result in an issued patent.
• Provisional applications: These provide a priority date but do not mature into patents without further action.

The MPEP 201.01 states: ‘National applications may be filed under 35 U.S.C. 111(a) as provisional applications under 35 U.S.C. 111(b) or as nonprovisional applications under 35 U.S.C. 111(a).’ Each type has specific requirements and serves different purposes in the patent application process.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent filing, visit: patent filing.

For more information on USPTO, visit: USPTO.

MPEP 201.01 outlines several types of national applications that can be filed with the USPTO. These include:

• Original (nonprovisional) applications
• Reissue applications
• Design applications
• Plant applications
• Provisional applications

As stated in MPEP 201.01: ‘National applications include original (nonprovisional), reissue, design, plant, and provisional applications.’

Each of these application types serves a specific purpose in the patent system and is subject to different rules and requirements.

For more information on design applications, visit: design applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on plant applications, visit: plant applications.

For more information on reissue applications, visit: reissue applications.

There are three main types of national applications for patents in the United States:

• Nonprovisional applications filed under 35 U.S.C. 111(a)
• Provisional applications filed under 35 U.S.C. 111(b)
• International applications that have entered the national stage in the United States

As stated in MPEP 201.01: “Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications filed under 37 CFR 1.53(b), and design patent continued prosecution applications (CPAs) filed under 37 CFR 1.53(d).”

For more information on international applications, visit: international applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

The MPEP 201.01 mentions several special types of national applications:

1. Provisional applications (35 U.S.C. 111(b))
2. Reissue applications (35 U.S.C. 251)
3. Design applications (35 U.S.C. 171)
4. Plant applications (35 U.S.C. 161)

These applications have specific requirements and purposes. For example, provisional applications provide a way to establish an early effective filing date, while reissue applications allow for the correction of errors in issued patents. Design applications protect ornamental designs, and plant applications are for new varieties of plants.

For more details on these special application types, refer to the following MPEP sections:
– MPEP 201.04 – Provisional Application
– MPEP 1400 – Reissue
– MPEP 1500 – Design Patents
– MPEP 1600 – Plant Patents

There are several types of patent applications in the United States:

• Nonprovisional applications filed under 35 U.S.C. 111(a), including utility, plant, and design patent applications
• Provisional applications filed under 35 U.S.C. 111(b)
• International applications filed under the Patent Cooperation Treaty (PCT)
• International design applications filed under the Hague Agreement

The MPEP states: Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications filed under 37 CFR 1.53(b), and design patent continued prosecution applications (CPAs) filed under 37 CFR 1.53(d).

For more information on Hague Agreement, visit: Hague Agreement.

For more information on international applications, visit: international applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent applications, visit: patent applications.

The main types of national applications under U.S. patent law are:

• Original (non-provisional) applications
• Provisional applications
• Reissue applications
• Divisional applications
• Continuation applications
• Continuation-in-part applications

As stated in MPEP 201.01: National applications include original (non-provisional), provisional, plant, design, reissue, divisional, and continuation applications (which may be filed under 37 CFR 1.53(b)), as well as continuation-in-part applications (which may be filed under 37 CFR 1.53(b)).

For more information on patent law, visit: patent law.

For more information on USPTO, visit: USPTO.

To learn more:

• national applications
• nonprovisional applications
• provisional applications
• patent types

A nonprovisional patent application filed under 35 U.S.C. 111(a) must include several key components. According to the MPEP, these include:

• A specification as prescribed by 35 U.S.C. 112
• A drawing as prescribed by 35 U.S.C. 113 (if necessary)
• An oath or declaration as prescribed by 35 U.S.C. 115
• The application filing fee

The MPEP states: Such application shall include— (A) a specification as prescribed by section 112; (B) a drawing as prescribed by section 113; and (C) an oath or declaration as prescribed by section 115.

It’s important to note that while claims and drawings are not required for obtaining a filing date (except for design applications), they are necessary for a complete application and must be submitted to avoid abandonment.

For more information on filing requirements, visit: filing requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on oath or declaration, visit: oath or declaration.

For more information on patent drawings, visit: patent drawings.

The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013:

• Non-design applications no longer require at least one claim or any drawings to receive a filing date
• Design patent applications still require at least one claim and any required drawings to receive a filing date

The MPEP states: Unless the application is for a design patent, nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013, are no longer required to include at least one claim or any drawings in order to receive a filing date for the application.

Additionally, applications may now be filed by reference to a previously filed application: A nonprovisional application filed under 35 U.S.C. 111(a) on or after December 18, 2013, may be filed by a reference to a previously filed application (foreign, international, provisional, or nonprovisional) indicating that the specification and any drawings of the application are replaced by the reference to the previously filed application.

For more information on filing date requirements, visit: filing date requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent drawings, visit: patent drawings.

For more information on PLTIA, visit: PLTIA.

The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013. The key changes are:

• Nonprovisional applications (except for design patent applications) no longer require at least one claim or any drawings to receive a filing date.
• For design patent applications, the filing date is the date on which the USPTO receives the specification including at least one claim and any required drawings.
• As provided in 35 U.S.C. 111(c), a nonprovisional application may be filed by reference to a previously filed application (foreign, international, provisional, or nonprovisional).

These changes simplified the filing process for most nonprovisional applications while maintaining specific requirements for design patent applications.

According to MPEP 201.02, there are several types of patent applications:

• National applications
• Provisional applications
• Nonprovisional applications
• International applications
• International design applications

The definitions for these terms can be found in 37 CFR 1.9. Additionally, applications can be classified as ‘original’ or ‘continuing’ applications. An original application may be a first filing or a continuing application, while a continuing application can be a continuation, divisional, or continuation-in-part application.

For more information on continuing applications, visit: continuing applications.

For more information on international applications, visit: international applications.

For more information on international design applications, visit: international design applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent applications, visit: patent applications.

If an applicant fails to take appropriate action during the prosecution of a nonprovisional patent application, it can result in the application being considered abandoned. MPEP 203.05 specifically states that an abandoned application includes one removed from the Office docket through failure of applicant to take appropriate action at some stage in the prosecution of a nonprovisional application. This could include failing to respond to office actions, missing deadlines, or not providing requested information or documents.

For the purpose of micro entity status, the following types of patent applications count towards the application filing limit:

• Previously filed U.S. nonprovisional applications (utility, design, plant, continuation, and divisional)
• Previously filed U.S. reissue applications
• Previously filed U.S. national stage applications under the Patent Cooperation Treaty (PCT)
• Previously filed international design applications under the Hague agreement that designate the U.S.

The MPEP states: “All such applications naming the inventor or a joint inventor are counted toward the application filing limit, whether the applications were filed before, on, or after March 19, 2013.“

Applications that do not count towards the limit include:

• Foreign applications
• International (PCT) applications for which the basic U.S. national stage filing fee was not paid
• Provisional applications

To learn more:

• micro entity
• application filing limit
• patent applications
• USPTO
• nonprovisional applications

Nonprovisional patent applications are assigned for examination through the Patents Service for Time and Application Routing (PSTAR) program. According to MPEP 504, “The Patents Service for Time and Application Routing (PSTAR) program assigns each nonprovisional application to an examiner.” This system ensures that each application is routed to an appropriate examiner based on factors such as the application’s subject matter and the examiner’s expertise.

To learn more:

• nonprovisional applications
• patent examination
• PSTAR
• USPTO

No, provisional patent applications are not assigned to examiners for examination. MPEP 504 explicitly states: “Provisional applications will not be examined.” This is because provisional applications are primarily used to establish a priority date and are not subject to substantive examination.

Nonprovisional patent applications are assigned for examination through the Patents Service for Time and Application Routing (PSTAR) program. According to MPEP 504, “The Patents Service for Time and Application Routing (PSTAR) program assigns each nonprovisional application to an examiner.” This system ensures that each application is routed to an appropriate examiner based on factors such as the application’s subject matter and the examiner’s expertise.

To learn more:

• nonprovisional applications
• patent examination
• PSTAR
• USPTO

No, provisional patent applications are not assigned to examiners for examination. MPEP 504 explicitly states: “Provisional applications will not be examined.” This is because provisional applications are primarily used to establish a priority date and are not subject to substantive examination.

For the purpose of micro entity status, the following types of patent applications count towards the application filing limit:

• Previously filed U.S. nonprovisional applications (utility, design, plant, continuation, and divisional)
• Previously filed U.S. reissue applications
• Previously filed U.S. national stage applications under the Patent Cooperation Treaty (PCT)
• Previously filed international design applications under the Hague agreement that designate the U.S.

The MPEP states: “All such applications naming the inventor or a joint inventor are counted toward the application filing limit, whether the applications were filed before, on, or after March 19, 2013.“

Applications that do not count towards the limit include:

• Foreign applications
• International (PCT) applications for which the basic U.S. national stage filing fee was not paid
• Provisional applications

To learn more:

• micro entity
• application filing limit
• patent applications
• USPTO
• nonprovisional applications

Under 35 U.S.C. 111(a), two types of national applications can be filed:

• Nonprovisional applications: These are regular patent applications that, if granted, can result in an issued patent.
• Provisional applications: These provide a priority date but do not mature into patents without further action.

The MPEP 201.01 states: ‘National applications may be filed under 35 U.S.C. 111(a) as provisional applications under 35 U.S.C. 111(b) or as nonprovisional applications under 35 U.S.C. 111(a).’ Each type has specific requirements and serves different purposes in the patent application process.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent filing, visit: patent filing.

For more information on USPTO, visit: USPTO.

The time limit for filing a petition to accept a delayed benefit claim depends on the type of application:

• For nonprovisional applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior-filed application.
• For design applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior-filed application.
• For international applications entering the national stage under 35 U.S.C. 371: The time limit is four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f).

As stated in MPEP 211.04: “If the later-filed application is a nonprovisional application entering the national stage from an international application under 35 U.S.C. 371, this period is 4 months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f).”

To learn more:

• delayed benefit claim
• petition time limit
• national stage applications
• nonprovisional applications
• design applications

For provisional applications, the USPTO can provide the following information:

• Application number
• Filing date
• Whether the application is pending or abandoned
• Expiration date

It’s important to note that provisional applications are not published, so no additional information beyond these basic details is available to the public.

If an applicant fails to take appropriate action during the prosecution of a nonprovisional patent application, it can result in the application being considered abandoned. MPEP 203.05 specifically states that an abandoned application includes one removed from the Office docket through failure of applicant to take appropriate action at some stage in the prosecution of a nonprovisional application. This could include failing to respond to office actions, missing deadlines, or not providing requested information or documents.

MPEP 201.01 outlines several types of national applications that can be filed with the USPTO. These include:

• Original (nonprovisional) applications
• Reissue applications
• Design applications
• Plant applications
• Provisional applications

As stated in MPEP 201.01: ‘National applications include original (nonprovisional), reissue, design, plant, and provisional applications.’

Each of these application types serves a specific purpose in the patent system and is subject to different rules and requirements.

For more information on design applications, visit: design applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on plant applications, visit: plant applications.

For more information on reissue applications, visit: reissue applications.

There are three main types of national applications for patents in the United States:

• Nonprovisional applications filed under 35 U.S.C. 111(a)
• Provisional applications filed under 35 U.S.C. 111(b)
• International applications that have entered the national stage in the United States

As stated in MPEP 201.01: “Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications filed under 37 CFR 1.53(b), and design patent continued prosecution applications (CPAs) filed under 37 CFR 1.53(d).”

For more information on international applications, visit: international applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

The MPEP 201.01 mentions several special types of national applications:

1. Provisional applications (35 U.S.C. 111(b))
2. Reissue applications (35 U.S.C. 251)
3. Design applications (35 U.S.C. 171)
4. Plant applications (35 U.S.C. 161)

These applications have specific requirements and purposes. For example, provisional applications provide a way to establish an early effective filing date, while reissue applications allow for the correction of errors in issued patents. Design applications protect ornamental designs, and plant applications are for new varieties of plants.

For more details on these special application types, refer to the following MPEP sections:
– MPEP 201.04 – Provisional Application
– MPEP 1400 – Reissue
– MPEP 1500 – Design Patents
– MPEP 1600 – Plant Patents

There are several types of patent applications in the United States:

• Nonprovisional applications filed under 35 U.S.C. 111(a), including utility, plant, and design patent applications
• Provisional applications filed under 35 U.S.C. 111(b)
• International applications filed under the Patent Cooperation Treaty (PCT)
• International design applications filed under the Hague Agreement

The MPEP states: Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications filed under 37 CFR 1.53(b), and design patent continued prosecution applications (CPAs) filed under 37 CFR 1.53(d).

For more information on Hague Agreement, visit: Hague Agreement.

For more information on international applications, visit: international applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent applications, visit: patent applications.

The main types of national applications under U.S. patent law are:

• Original (non-provisional) applications
• Provisional applications
• Reissue applications
• Divisional applications
• Continuation applications
• Continuation-in-part applications

As stated in MPEP 201.01: National applications include original (non-provisional), provisional, plant, design, reissue, divisional, and continuation applications (which may be filed under 37 CFR 1.53(b)), as well as continuation-in-part applications (which may be filed under 37 CFR 1.53(b)).

For more information on patent law, visit: patent law.

For more information on USPTO, visit: USPTO.

To learn more:

• national applications
• nonprovisional applications
• provisional applications
• patent types

A nonprovisional patent application filed under 35 U.S.C. 111(a) must include several key components. According to the MPEP, these include:

• A specification as prescribed by 35 U.S.C. 112
• A drawing as prescribed by 35 U.S.C. 113 (if necessary)
• An oath or declaration as prescribed by 35 U.S.C. 115
• The application filing fee

The MPEP states: Such application shall include— (A) a specification as prescribed by section 112; (B) a drawing as prescribed by section 113; and (C) an oath or declaration as prescribed by section 115.

It’s important to note that while claims and drawings are not required for obtaining a filing date (except for design applications), they are necessary for a complete application and must be submitted to avoid abandonment.

For more information on filing requirements, visit: filing requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on oath or declaration, visit: oath or declaration.

For more information on patent drawings, visit: patent drawings.

The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013:

• Non-design applications no longer require at least one claim or any drawings to receive a filing date
• Design patent applications still require at least one claim and any required drawings to receive a filing date

The MPEP states: Unless the application is for a design patent, nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013, are no longer required to include at least one claim or any drawings in order to receive a filing date for the application.

Additionally, applications may now be filed by reference to a previously filed application: A nonprovisional application filed under 35 U.S.C. 111(a) on or after December 18, 2013, may be filed by a reference to a previously filed application (foreign, international, provisional, or nonprovisional) indicating that the specification and any drawings of the application are replaced by the reference to the previously filed application.

For more information on filing date requirements, visit: filing date requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent drawings, visit: patent drawings.

For more information on PLTIA, visit: PLTIA.

The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013. The key changes are:

• Nonprovisional applications (except for design patent applications) no longer require at least one claim or any drawings to receive a filing date.
• For design patent applications, the filing date is the date on which the USPTO receives the specification including at least one claim and any required drawings.
• As provided in 35 U.S.C. 111(c), a nonprovisional application may be filed by reference to a previously filed application (foreign, international, provisional, or nonprovisional).

These changes simplified the filing process for most nonprovisional applications while maintaining specific requirements for design patent applications.

While most patent application files are available for public inspection, there are several exceptions:

• Pending or abandoned applications that have not been published under 35 U.S.C. 122(b)
• Applications subject to a secrecy order
• Provisional applications
• Applications that have been terminated or denied and are no longer open to public inspection
• Interference files, until judgment is entered (subject to certain exceptions)
• Applications for extension of patent term and any related submissions
• Certain trade secret, proprietary, and protective order materials

These exceptions are in place to protect confidential information and maintain the integrity of the patent application process.

According to MPEP 201.02, there are several types of patent applications:

• National applications
• Provisional applications
• Nonprovisional applications
• International applications
• International design applications

The definitions for these terms can be found in 37 CFR 1.9. Additionally, applications can be classified as ‘original’ or ‘continuing’ applications. An original application may be a first filing or a continuing application, while a continuing application can be a continuation, divisional, or continuation-in-part application.

For more information on continuing applications, visit: continuing applications.

For more information on international applications, visit: international applications.

For more information on international design applications, visit: international design applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent applications, visit: patent applications.

According to MPEP 203.05, you have 12 months from the filing date of your provisional application to file a nonprovisional application. The MPEP states:

“in the case of a provisional application, no later than 12 months after the filing date of the provisional application”

If you don’t file a nonprovisional application within this timeframe, your provisional application will be considered abandoned. This 12-month period is set by 35 U.S.C. 111(b)(5).

To learn more:

• provisional applications
• nonprovisional applications
• patent filing deadlines

Nonprovisional patent applications are assigned for examination through the Patents Service for Time and Application Routing (PSTAR) program. According to MPEP 504, “The Patents Service for Time and Application Routing (PSTAR) program assigns each nonprovisional application to an examiner.” This system ensures that each application is routed to an appropriate examiner based on factors such as the application’s subject matter and the examiner’s expertise.

To learn more:

• nonprovisional applications
• patent examination
• PSTAR
• USPTO

No, provisional patent applications are not assigned to examiners for examination. MPEP 504 explicitly states: “Provisional applications will not be examined.” This is because provisional applications are primarily used to establish a priority date and are not subject to substantive examination.

For the purpose of micro entity status, the following types of patent applications count towards the application filing limit:

• Previously filed U.S. nonprovisional applications (utility, design, plant, continuation, and divisional)
• Previously filed U.S. reissue applications
• Previously filed U.S. national stage applications under the Patent Cooperation Treaty (PCT)
• Previously filed international design applications under the Hague agreement that designate the U.S.

The MPEP states: “All such applications naming the inventor or a joint inventor are counted toward the application filing limit, whether the applications were filed before, on, or after March 19, 2013.“

Applications that do not count towards the limit include:

• Foreign applications
• International (PCT) applications for which the basic U.S. national stage filing fee was not paid
• Provisional applications

To learn more:

• micro entity
• application filing limit
• patent applications
• USPTO
• nonprovisional applications

Under 35 U.S.C. 111(a), two types of national applications can be filed:

• Nonprovisional applications: These are regular patent applications that, if granted, can result in an issued patent.
• Provisional applications: These provide a priority date but do not mature into patents without further action.

The MPEP 201.01 states: ‘National applications may be filed under 35 U.S.C. 111(a) as provisional applications under 35 U.S.C. 111(b) or as nonprovisional applications under 35 U.S.C. 111(a).’ Each type has specific requirements and serves different purposes in the patent application process.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent filing, visit: patent filing.

For more information on USPTO, visit: USPTO.

The time limit for filing a petition to accept a delayed benefit claim depends on the type of application:

• For nonprovisional applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior-filed application.
• For design applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior-filed application.
• For international applications entering the national stage under 35 U.S.C. 371: The time limit is four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f).

As stated in MPEP 211.04: “If the later-filed application is a nonprovisional application entering the national stage from an international application under 35 U.S.C. 371, this period is 4 months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f).”

To learn more:

• delayed benefit claim
• petition time limit
• national stage applications
• nonprovisional applications
• design applications

For provisional applications, the USPTO can provide the following information:

• Application number
• Filing date
• Whether the application is pending or abandoned
• Expiration date

It’s important to note that provisional applications are not published, so no additional information beyond these basic details is available to the public.

If an applicant fails to take appropriate action during the prosecution of a nonprovisional patent application, it can result in the application being considered abandoned. MPEP 203.05 specifically states that an abandoned application includes one removed from the Office docket through failure of applicant to take appropriate action at some stage in the prosecution of a nonprovisional application. This could include failing to respond to office actions, missing deadlines, or not providing requested information or documents.

MPEP 201.01 outlines several types of national applications that can be filed with the USPTO. These include:

• Original (nonprovisional) applications
• Reissue applications
• Design applications
• Plant applications
• Provisional applications

As stated in MPEP 201.01: ‘National applications include original (nonprovisional), reissue, design, plant, and provisional applications.’

Each of these application types serves a specific purpose in the patent system and is subject to different rules and requirements.

For more information on design applications, visit: design applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on plant applications, visit: plant applications.

For more information on reissue applications, visit: reissue applications.

There are three main types of national applications for patents in the United States:

• Nonprovisional applications filed under 35 U.S.C. 111(a)
• Provisional applications filed under 35 U.S.C. 111(b)
• International applications that have entered the national stage in the United States

As stated in MPEP 201.01: “Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications filed under 37 CFR 1.53(b), and design patent continued prosecution applications (CPAs) filed under 37 CFR 1.53(d).”

For more information on international applications, visit: international applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

The MPEP 201.01 mentions several special types of national applications:

1. Provisional applications (35 U.S.C. 111(b))
2. Reissue applications (35 U.S.C. 251)
3. Design applications (35 U.S.C. 171)
4. Plant applications (35 U.S.C. 161)

These applications have specific requirements and purposes. For example, provisional applications provide a way to establish an early effective filing date, while reissue applications allow for the correction of errors in issued patents. Design applications protect ornamental designs, and plant applications are for new varieties of plants.

For more details on these special application types, refer to the following MPEP sections:
– MPEP 201.04 – Provisional Application
– MPEP 1400 – Reissue
– MPEP 1500 – Design Patents
– MPEP 1600 – Plant Patents

There are several types of patent applications in the United States:

• Nonprovisional applications filed under 35 U.S.C. 111(a), including utility, plant, and design patent applications
• Provisional applications filed under 35 U.S.C. 111(b)
• International applications filed under the Patent Cooperation Treaty (PCT)
• International design applications filed under the Hague Agreement

The MPEP states: Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications filed under 37 CFR 1.53(b), and design patent continued prosecution applications (CPAs) filed under 37 CFR 1.53(d).

For more information on Hague Agreement, visit: Hague Agreement.

For more information on international applications, visit: international applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent applications, visit: patent applications.

The main types of national applications under U.S. patent law are:

• Original (non-provisional) applications
• Provisional applications
• Reissue applications
• Divisional applications
• Continuation applications
• Continuation-in-part applications

As stated in MPEP 201.01: National applications include original (non-provisional), provisional, plant, design, reissue, divisional, and continuation applications (which may be filed under 37 CFR 1.53(b)), as well as continuation-in-part applications (which may be filed under 37 CFR 1.53(b)).

For more information on patent law, visit: patent law.

For more information on USPTO, visit: USPTO.

To learn more:

• national applications
• nonprovisional applications
• provisional applications
• patent types

A nonprovisional patent application filed under 35 U.S.C. 111(a) must include several key components. According to the MPEP, these include:

• A specification as prescribed by 35 U.S.C. 112
• A drawing as prescribed by 35 U.S.C. 113 (if necessary)
• An oath or declaration as prescribed by 35 U.S.C. 115
• The application filing fee

The MPEP states: Such application shall include— (A) a specification as prescribed by section 112; (B) a drawing as prescribed by section 113; and (C) an oath or declaration as prescribed by section 115.

It’s important to note that while claims and drawings are not required for obtaining a filing date (except for design applications), they are necessary for a complete application and must be submitted to avoid abandonment.

For more information on filing requirements, visit: filing requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on oath or declaration, visit: oath or declaration.

For more information on patent drawings, visit: patent drawings.

The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013:

• Non-design applications no longer require at least one claim or any drawings to receive a filing date
• Design patent applications still require at least one claim and any required drawings to receive a filing date

The MPEP states: Unless the application is for a design patent, nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013, are no longer required to include at least one claim or any drawings in order to receive a filing date for the application.

Additionally, applications may now be filed by reference to a previously filed application: A nonprovisional application filed under 35 U.S.C. 111(a) on or after December 18, 2013, may be filed by a reference to a previously filed application (foreign, international, provisional, or nonprovisional) indicating that the specification and any drawings of the application are replaced by the reference to the previously filed application.

For more information on filing date requirements, visit: filing date requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent drawings, visit: patent drawings.

For more information on PLTIA, visit: PLTIA.

The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013. The key changes are:

• Nonprovisional applications (except for design patent applications) no longer require at least one claim or any drawings to receive a filing date.
• For design patent applications, the filing date is the date on which the USPTO receives the specification including at least one claim and any required drawings.
• As provided in 35 U.S.C. 111(c), a nonprovisional application may be filed by reference to a previously filed application (foreign, international, provisional, or nonprovisional).

These changes simplified the filing process for most nonprovisional applications while maintaining specific requirements for design patent applications.

While most patent application files are available for public inspection, there are several exceptions:

• Pending or abandoned applications that have not been published under 35 U.S.C. 122(b)
• Applications subject to a secrecy order
• Provisional applications
• Applications that have been terminated or denied and are no longer open to public inspection
• Interference files, until judgment is entered (subject to certain exceptions)
• Applications for extension of patent term and any related submissions
• Certain trade secret, proprietary, and protective order materials

These exceptions are in place to protect confidential information and maintain the integrity of the patent application process.

According to MPEP 201.02, there are several types of patent applications:

• National applications
• Provisional applications
• Nonprovisional applications
• International applications
• International design applications

The definitions for these terms can be found in 37 CFR 1.9. Additionally, applications can be classified as ‘original’ or ‘continuing’ applications. An original application may be a first filing or a continuing application, while a continuing application can be a continuation, divisional, or continuation-in-part application.

For more information on continuing applications, visit: continuing applications.

For more information on international applications, visit: international applications.

For more information on international design applications, visit: international design applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on patent applications, visit: patent applications.

According to MPEP 203.05, you have 12 months from the filing date of your provisional application to file a nonprovisional application. The MPEP states:

“in the case of a provisional application, no later than 12 months after the filing date of the provisional application”

If you don’t file a nonprovisional application within this timeframe, your provisional application will be considered abandoned. This 12-month period is set by 35 U.S.C. 111(b)(5).

To learn more:

• provisional applications
• nonprovisional applications
• patent filing deadlines

Nonprovisional patent applications are assigned for examination through the Patents Service for Time and Application Routing (PSTAR) program. According to MPEP 504, “The Patents Service for Time and Application Routing (PSTAR) program assigns each nonprovisional application to an examiner.” This system ensures that each application is routed to an appropriate examiner based on factors such as the application’s subject matter and the examiner’s expertise.

To learn more:

• nonprovisional applications
• patent examination
• PSTAR
• USPTO

No, provisional patent applications are not assigned to examiners for examination. MPEP 504 explicitly states: “Provisional applications will not be examined.” This is because provisional applications are primarily used to establish a priority date and are not subject to substantive examination.