What types of national applications can be filed under U.S. patent laws?

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.

Under U.S. patent laws, several types of national applications can be filed. The MPEP 201.01 states:

‘National applications include original (nonprovisional), reissue, and reexamination applications (including supplemental examination proceedings). The original application includes continuation, divisional, and continuation-in-part applications. National applications may be filed under 35 U.S.C. 111(a) or (b), 161, or 171.’

To break this down:

• Original (nonprovisional) applications: Standard utility patent applications
• Reissue applications: To correct errors in already granted patents
• Reexamination applications: To request the USPTO to reexamine an existing patent
• Continuation applications: Based on an earlier-filed application
• Divisional applications: Derived from a parent application to pursue different inventions
• Continuation-in-part applications: Adding new matter to a parent application
• Design patent applications (under 35 U.S.C. 171)
• Plant patent applications (under 35 U.S.C. 161)

For more information on reissue, visit: reissue.

For more information on USPTO, visit: USPTO.