What is considered a ‘new’ application according to the MPEP?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Request for Continued Examination Not a New Application MPEP 203 Request for Continued Examination Is Not a New Application Filing MPEP 203.01 Amendment Before First Office Action Does Not Alter New Application Status MPEP 203.01 Amendment Before First Office Action Does Not Alter New Application Status MPEP 203 Nonprovisional Application Before First Office Action MPEP 203 Nonprovisional Application Before Examiner Action MPEP 203.01 Notice of Allowability Form and Status Inquiries for Patents MPEP 203 Permitted Amended Nonprovisional Application Requirement MPEP 203 Status of Allowed Nonprovisional Applications MPEP 203 Required Status Information Available Through Patent Center MPEP 203 Other Related FAQs 5 FAQs Collapse What is considered a &#8216;new&#8217; patent application? What types of applications are considered &#8216;new&#8217; under MPEP 203.01? Is a Request for Continued Examination (RCE) considered a new application? Does filing an amendment change the status of a &#8216;new&#8217; application? When does a patent application stop being considered &#8216;new&#8217;?