Patent Law FAQ

Under U.S. patent laws, several types of national applications can be filed. The MPEP 201.01 states:

‘National applications include original (nonprovisional), reissue, and reexamination applications (including supplemental examination proceedings). The original application includes continuation, divisional, and continuation-in-part applications. National applications may be filed under 35 U.S.C. 111(a) or (b), 161, or 171.’

To break this down:

• Original (nonprovisional) applications: Standard utility patent applications
• Reissue applications: To correct errors in already granted patents
• Reexamination applications: To request the USPTO to reexamine an existing patent
• Continuation applications: Based on an earlier-filed application
• Divisional applications: Derived from a parent application to pursue different inventions
• Continuation-in-part applications: Adding new matter to a parent application
• Design patent applications (under 35 U.S.C. 171)
• Plant patent applications (under 35 U.S.C. 161)

For more information on reissue, visit: reissue.

For more information on USPTO, visit: USPTO.

The MPEP 201 outlines several main types of patent applications:

• Nonprovisional applications for patent
• Provisional applications for patent
• International applications
• Design applications
• Plant applications
• Reissue applications
• Divisional applications
• Continuation applications
• Continuation-in-part applications

Each type serves a specific purpose in the patent application process and has its own requirements and procedures.

For more information on divisional, visit: divisional.

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

For more information on reissue, visit: reissue.

The United States Patent and Trademark Office (USPTO) recognizes several types of patent applications. According to MPEP 201, these include:

• Nonprovisional applications for patent, including utility, design, and plant patent applications
• Provisional applications for patent
• International applications filed under the Patent Cooperation Treaty (PCT)
• Reissue applications
• Divisional applications
• Continuation applications
• Continuation-in-part applications

Each type of application serves a specific purpose in the patent process and has its own requirements and procedures.

For more information on divisional, visit: divisional.

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

For more information on reissue, visit: reissue.

For more information on USPTO, visit: USPTO.

No, incorporation by reference under 37 CFR 1.57(b) cannot be used to add material to a granted patent. This provision is only applicable during the application process, before a patent is granted. The MPEP clearly states:

“If, however, an application has been patented, a certificate of correction or a reissue application could not be used to add inadvertently omitted material to that patent via 37 CFR 1.57(b).”

Once a patent has been granted, other mechanisms such as reissue or certificate of correction would need to be considered for making changes or additions to the patent, subject to their own specific requirements and limitations.

Under U.S. patent laws, several types of national applications can be filed. The MPEP 201.01 states:

‘National applications include original (nonprovisional), reissue, and reexamination applications (including supplemental examination proceedings). The original application includes continuation, divisional, and continuation-in-part applications. National applications may be filed under 35 U.S.C. 111(a) or (b), 161, or 171.’

To break this down:

• Original (nonprovisional) applications: Standard utility patent applications
• Reissue applications: To correct errors in already granted patents
• Reexamination applications: To request the USPTO to reexamine an existing patent
• Continuation applications: Based on an earlier-filed application
• Divisional applications: Derived from a parent application to pursue different inventions
• Continuation-in-part applications: Adding new matter to a parent application
• Design patent applications (under 35 U.S.C. 171)
• Plant patent applications (under 35 U.S.C. 161)

For more information on reissue, visit: reissue.

For more information on USPTO, visit: USPTO.

The MPEP 201 outlines several main types of patent applications:

• Nonprovisional applications for patent
• Provisional applications for patent
• International applications
• Design applications
• Plant applications
• Reissue applications
• Divisional applications
• Continuation applications
• Continuation-in-part applications

Each type serves a specific purpose in the patent application process and has its own requirements and procedures.

For more information on divisional, visit: divisional.

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

For more information on reissue, visit: reissue.

The United States Patent and Trademark Office (USPTO) recognizes several types of patent applications. According to MPEP 201, these include:

• Nonprovisional applications for patent, including utility, design, and plant patent applications
• Provisional applications for patent
• International applications filed under the Patent Cooperation Treaty (PCT)
• Reissue applications
• Divisional applications
• Continuation applications
• Continuation-in-part applications

Each type of application serves a specific purpose in the patent process and has its own requirements and procedures.

For more information on divisional, visit: divisional.

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

For more information on reissue, visit: reissue.

For more information on USPTO, visit: USPTO.

No, incorporation by reference under 37 CFR 1.57(b) cannot be used to add material to a granted patent. This provision is only applicable during the application process, before a patent is granted. The MPEP clearly states:

“If, however, an application has been patented, a certificate of correction or a reissue application could not be used to add inadvertently omitted material to that patent via 37 CFR 1.57(b).”

Once a patent has been granted, other mechanisms such as reissue or certificate of correction would need to be considered for making changes or additions to the patent, subject to their own specific requirements and limitations.

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

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

For more information on reissue, visit: reissue.

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

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

For more information on reissue, visit: reissue.

Under U.S. patent laws, several types of national applications can be filed. The MPEP 201.01 states:

‘National applications include original (nonprovisional), reissue, and reexamination applications (including supplemental examination proceedings). The original application includes continuation, divisional, and continuation-in-part applications. National applications may be filed under 35 U.S.C. 111(a) or (b), 161, or 171.’

To break this down:

• Original (nonprovisional) applications: Standard utility patent applications
• Reissue applications: To correct errors in already granted patents
• Reexamination applications: To request the USPTO to reexamine an existing patent
• Continuation applications: Based on an earlier-filed application
• Divisional applications: Derived from a parent application to pursue different inventions
• Continuation-in-part applications: Adding new matter to a parent application
• Design patent applications (under 35 U.S.C. 171)
• Plant patent applications (under 35 U.S.C. 161)

For more information on reissue, visit: reissue.

For more information on USPTO, visit: USPTO.

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

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

For more information on reissue, visit: reissue.

The MPEP 201 outlines several main types of patent applications:

• Nonprovisional applications for patent
• Provisional applications for patent
• International applications
• Design applications
• Plant applications
• Reissue applications
• Divisional applications
• Continuation applications
• Continuation-in-part applications

Each type serves a specific purpose in the patent application process and has its own requirements and procedures.

For more information on divisional, visit: divisional.

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

For more information on reissue, visit: reissue.

The United States Patent and Trademark Office (USPTO) recognizes several types of patent applications. According to MPEP 201, these include:

• Nonprovisional applications for patent, including utility, design, and plant patent applications
• Provisional applications for patent
• International applications filed under the Patent Cooperation Treaty (PCT)
• Reissue applications
• Divisional applications
• Continuation applications
• Continuation-in-part applications

Each type of application serves a specific purpose in the patent process and has its own requirements and procedures.

For more information on divisional, visit: divisional.

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

For more information on reissue, visit: reissue.

For more information on USPTO, visit: USPTO.

No, incorporation by reference under 37 CFR 1.57(b) cannot be used to add material to a granted patent. This provision is only applicable during the application process, before a patent is granted. The MPEP clearly states:

“If, however, an application has been patented, a certificate of correction or a reissue application could not be used to add inadvertently omitted material to that patent via 37 CFR 1.57(b).”

Once a patent has been granted, other mechanisms such as reissue or certificate of correction would need to be considered for making changes or additions to the patent, subject to their own specific requirements and limitations.

Under U.S. patent laws, several types of national applications can be filed. The MPEP 201.01 states:

‘National applications include original (nonprovisional), reissue, and reexamination applications (including supplemental examination proceedings). The original application includes continuation, divisional, and continuation-in-part applications. National applications may be filed under 35 U.S.C. 111(a) or (b), 161, or 171.’

To break this down:

• Original (nonprovisional) applications: Standard utility patent applications
• Reissue applications: To correct errors in already granted patents
• Reexamination applications: To request the USPTO to reexamine an existing patent
• Continuation applications: Based on an earlier-filed application
• Divisional applications: Derived from a parent application to pursue different inventions
• Continuation-in-part applications: Adding new matter to a parent application
• Design patent applications (under 35 U.S.C. 171)
• Plant patent applications (under 35 U.S.C. 161)

For more information on reissue, visit: reissue.

For more information on USPTO, visit: USPTO.

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

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

For more information on reissue, visit: reissue.

The MPEP 201 outlines several main types of patent applications:

• Nonprovisional applications for patent
• Provisional applications for patent
• International applications
• Design applications
• Plant applications
• Reissue applications
• Divisional applications
• Continuation applications
• Continuation-in-part applications

Each type serves a specific purpose in the patent application process and has its own requirements and procedures.

For more information on divisional, visit: divisional.

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

For more information on reissue, visit: reissue.

The United States Patent and Trademark Office (USPTO) recognizes several types of patent applications. According to MPEP 201, these include:

• Nonprovisional applications for patent, including utility, design, and plant patent applications
• Provisional applications for patent
• International applications filed under the Patent Cooperation Treaty (PCT)
• Reissue applications
• Divisional applications
• Continuation applications
• Continuation-in-part applications

Each type of application serves a specific purpose in the patent process and has its own requirements and procedures.

For more information on divisional, visit: divisional.

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

For more information on reissue, visit: reissue.

For more information on USPTO, visit: USPTO.

No, incorporation by reference under 37 CFR 1.57(b) cannot be used to add material to a granted patent. This provision is only applicable during the application process, before a patent is granted. The MPEP clearly states:

“If, however, an application has been patented, a certificate of correction or a reissue application could not be used to add inadvertently omitted material to that patent via 37 CFR 1.57(b).”

Once a patent has been granted, other mechanisms such as reissue or certificate of correction would need to be considered for making changes or additions to the patent, subject to their own specific requirements and limitations.