What are the main types of national applications under U.S. patent law?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
There are two main types of national applications under U.S. patent law:
- Nonprovisional applications filed under 35 U.S.C. 111(a)
- Provisional applications filed under 35 U.S.C. 111(b)
As stated in the MPEP, 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).