What 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 (RCE) is not considered a new application filing.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 203 - Status of Applications,
Patent Law,
Patent Procedure