MPEP 200

Types and Status of Application; Benefit and Priority Claims

Quick Statistics:

Number of Pages: 120 pgs
Sections:  201 – 217

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 in all 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 even 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 the application is pending, rejected or has been abandoned.

Key Terms:

National ApplicationsProvisional ApplicationNonprovisional Application
Continuation ApplicationDivisional Application 

37 CFR (Code of Federal Regulations):

37 CFR 1.55Claim for foreign priority.
37 CFR 1.63Inventor’s oath or declaration.

35 USC (United States Code):

35 USC 101Inventions patentable.
35 USC 119Benefit of earlier filing date; right of priority.

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