What defines a ‘new’ application according to the MPEP?
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…
Read MoreWhen does a patent application stop being considered ‘new’?
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,…
Read MoreWhat is considered a ‘new’ patent application?
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…
Read MoreWhen is a title report prepared during the patent process?
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…
Read MoreWhat is the status of a new nonprovisional patent application?
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…
Read MoreWhat is considered a ‘new’ application according to the MPEP?
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…
Read MoreWhat is a substitute application?
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…
Read MoreDoes filing an amendment change the status of a ‘new’ application?
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…
Read MoreIs a Request for Continued Examination (RCE) considered a new application?
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…
Read MoreWhat types of applications are considered ‘new’ under MPEP 203.01?
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…
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