What is considered a ‘new’ patent application?

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.

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 new application filing.

For more information on new application, visit: new application.

For more information on nonprovisional application, visit: nonprovisional application.

For more information on patent examination, visit: patent examination.

For more information on RCE, visit: RCE.