Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 200 – Types and Status of Application; Benefit and Priority (2)
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.
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:
MPEP 201 – Types of Applications (1)
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.
Patent Law (2)
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.
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:
Patent Procedure (2)
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.
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: