What is the significance of the term ‘original application’ in patent law?
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.
The term ‘original application’ has a specific meaning in patent law, as outlined in MPEP 201.02:
‘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 definition is significant because it distinguishes original applications from reissue applications, which are used to correct errors in already-granted patents. Original applications encompass:
- First-time filings of new inventions
- Continuing applications (continuations, divisionals, and continuations-in-part)
Understanding this term is crucial for patent applicants and examiners, as it affects how an application is processed and what rights it may claim, particularly in terms of priority dates and the scope of patent protection.
For more information on patent application types, visit: patent application types.
For more information on patent procedure, visit: patent procedure.