What is an ‘original’ application in patent law?

An ‘original’ application in patent law refers to an application that is not a reissue application. The MPEP states:

“Original” application is used in the patent statutes and rules to refer to an application which is not a reissue application. An original application may be a first filing or a continuing application.

This means that an original application can be either:

  • The first filing of a patent application for an invention
  • A continuing application (continuation, divisional, or continuation-in-part) filed under the conditions specified in 35 U.S.C. 120, 121, 365(c), or 386(c) and 37 CFR 1.78

To learn more:

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: Original Application, patent filing