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MPEP 200
Types and Status of Application; Benefit and Priority Claims
Brief Summary:
Chapter 200 discusses many important topics. These include the differences between national and international applications and a general overview of the different types of applications that may be filed to the PTO.
There are several different application types, including provisional, nonprovisional (regular), divisional, continuation-in-part, continuing, continued prosecution applications, substitute, statutory invention registration, and reissue applications.
Under specific conditions, an applicant may want to claim the earlier filing date of a previously filed application. It is possible to claim the priority of an earlier U.S. application or applications filed in participating foreign countries. This is covered in chapter 200 as well.
Application status is also covered. The status of the application includes whether it is pending, rejected, or abandoned.
Key Terms:
| National Applications | A national application is a U.S. patent application filed in the United States Patent and Trademark Office (USPTO) under 35 U.S.C. 111. |
| Provisional Application | A provisional application is a temporary application filed with the USPTO that allows an inventor to secure an early filing date without a formal patent claim, oath, or prior art statement. |
| Nonprovisional Application | A nonprovisional application is a formal application submitted to the USPTO for examination. It aims to secure a utility patent by detailing the invention’s claims, specifications, and supporting documentation. |
| Continuation Application | A continuation application is a patent application that allows an applicant to pursue additional claims based on the same specification and drawings as a previously filed application, while claiming priority to that earlier application. |
| Divisional Application | A divisional application is a type of application filed when a parent application describes multiple inventions. It allows the applicant to pursue separate patents for each distinct invention disclosed in the original application. |
37 CFR (Code of Federal Regulations):
| 37 CFR 1.55 Claim for foreign priority. Allows an applicant in a nonprovisional patent application to claim priority based on one or more prior foreign applications, under specific conditions outlined in 35 USC 119(a). |
| 37 CFR 1.63 Inventor’s oath or declaration. Requires that each inventor of a claimed invention in a patent application must execute an oath or declaration affirming their inventorship and acknowledging their understanding of the application contents. |
35 USC (United States Code):
| 35 USC 101 Inventions patentable. 35 USC 101 states that any person who invents or discovers a new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent for it. |
| 35 USC 119 Benefit of earlier filing date; right of priority. 35 USC 119 allows a patent application filed in the U.S. to claim the benefit of an earlier filing date from a foreign application for the same invention, provided the U.S. application is filed within 12 months of the foreign filing, and certain conditions are met. |
Quick Statistics:
Number of Pages: 120 pages
Sections: 201 – 217
List of Sections:
| 201 | Types of Applications | |
| • 201.01 National Applications • 201.02 General Terms Used to Describe Applications • 201.04 Provisional Application • 201.05 Reissue Application • 201.06 Divisional Application | ||
| • 201.06(a) Former 37 CFR 1.60 Divisional Continuation Procedure • 201.06(b) Former 37 CFR 1.62 File Wrapper Continuing Procedure • 201.06(c) 37 CFR 1.53(b) and 37 CFR 1.63(d) Divisional-Continuation Procedure • 201.06(d) 37 CFR 1.53(d) Continued Prosecution Application (CPA) Practice | ||
| • 201.07 Continuation Application • 201.08 Continuation-in-Part Application | ||
| 202 | Cross-Noting | |
| 203 | Status of Applications | |
| • 203.01 New • 203.02 Rejected • 203.03 Amended • 203.04 Allowed or in Issue • 203.05 Abandoned • 203.06 Incomplete • 203.08 Status Inquiries | ||
| • 203.08(a) Congressional and Other Official Inquiries | ||
| 210 | Priority to, or the Benefit of, the Filing Date of a Prior-Filed Application | |
| 211 | Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e) | |
| • 211.01 Requirements Related to the Prior-Filed Application | ||
| • 211.01(a) Claiming the Benefit of a Provisional Application • 211.01(b) Claiming the Benefit of a Nonprovisional Application • 211.01(c) Claiming the Benefit of an International Application Designating the United States • 211.01(d) Claiming the Benefit of an International Design Application Designating the United States | ||
| • 211.02 Reference to Prior Application(s) | ||
| • 211.02(a) Correcting or Adding a Benefit Claim After Filing | ||
| • 211.03 Time Period for Making a Claim for Benefit Under 37 CFR 1.78 • 211.04 Delayed Benefit Claims • 211.05 Sufficiency of Disclosure in Prior-Filed Application | ||
| 213 | Right of Priority of Foreign Application | |
| • 213.01 Recognized Countries and Regional Patent Offices of Foreign Filing • 213.02 Formal Requirements Relating to Foreign Priority Application • 213.03 Time for Filing U.S. Nonprovisional Application • 213.04 Requirement to File Priority Claim and Certified Copy During Pendency of Application • 213.05 Right of Priority Based Upon an Application for an Inventor’s Certificate • 213.06 Claiming Priority and Filing a Certified Copy in a National Stage Application (35 U.S.C. 371) • 213.07 Claiming Priority and Filing a Certified Copy in a Nonprovisional International Design Application | ||
| 214 | Formal Requirements of Claim for Foreign Priority | |
| • 214.01 Time for Filing Priority Claim • 214.02 Unintentionally Delayed Priority Claims • 214.03 Office Acknowledgement of Priority Claims • 214.04 Proper Identification of Priority Application in Foreign Priority Claim | ||
| 215 | Certified Copy of Foreign Application | |
| • 215.01 Electronic Priority Document Exchange • 215.02 Time For Filing Certified Copy – Application Filed On or After March 16, 2013 | ||
| • 215.02(a) Timeliness Requirement – Met By Priority Document Exchange • 215.02(b) Timeliness Requirement – Met By Interim Copy of Foreign Application | ||
| • 215.03 Time For Filing Certified Copy – Application Filed Before March 16, 2013 | ||
| 216 | Entitlement to Priority | |
| • 216.01 Perfecting Claim for Priority Under 35 U.S.C. 119(a)-(d) or (f) After Issuance of a Patent | ||
| 217 | Incorporation by Reference Under 37 CFR 1.57(b) |