What types of applications are considered ‘new’ under MPEP 203.01?
According to MPEP 203.01, only nonprovisional applications can be considered ‘new’. The section states:
A ‘new’ application is a nonprovisional application that has not yet received an action by the examiner.
This means that provisional applications, which are place-holder applications that don’t get examined, are not classified as ‘new’ applications under this definition. Only nonprovisional utility, design, or plant patent applications can have the ‘new’ status before they receive their first examiner action.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure