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

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.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: reissue, USPTO