What is the significance of 35 U.S.C. 111(a) and (b) in national patent applications?

35 U.S.C. 111(a) and (b) are important sections of the patent law that define two different types of national patent applications. According to MPEP 201.01:

‘National applications may be filed under 35 U.S.C. 111(a) or (b), 161, or 171.’

To elaborate:

• 35 U.S.C. 111(a) refers to nonprovisional applications. These are full patent applications that can potentially result in an issued patent.
• 35 U.S.C. 111(b) refers to provisional applications. These are simplified applications that establish a priority date but do not themselves result in an issued patent.

The choice between filing under 111(a) or 111(b) depends on the inventor’s strategy and readiness to pursue full patent protection. Provisional applications (111(b)) provide a way to quickly establish a priority date, while nonprovisional applications (111(a)) begin the formal examination process.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

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

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