MPEP 201.02
General Terms Used to Describe Applications

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in Januay 2018

Previous: §201.01 | Next: §201.03

201.02    General Terms Used to Describe Applications [R-07.2015]

See 37 CFR 1.9(a) for definitions of the terms "national application," "provisional application," and "nonprovisional application;" see 37 CFR 1.9(b) for the definition of "international application;" and see 37 CFR 1.9(n) for the definition of "international design application." See also MPEP § 201.01.

"Original" application is used in the patent statutes and rules to refer to an application which is not a reissue application. An original application may be a first filing or a continuing application.

A continuing application is a continuation, divisional, or continuation-in-part application filed under the conditions specified in 35 U.S.C. 120, 121, 365(c), or 386(c) and 37 CFR 1.78.

A "substitute" application is in essence the duplicate of an application by the same applicant abandoned before the filing of the later application. Current practice does not require applicant to insert in the specification reference to the earlier application; however, attention should be called to the earlier application. A substitute application does not obtain the benefit of the filing date of the prior application. Use form paragraph 2.07 to remind applicant of possible substitute status.

¶ 2.07    Definition of a Substitute

Applicant refers to this application as a "substitute" of Application No. [1], filed [2]. The term "substitute" is used to designate an application which is in essence the duplicate of an application by the same applicant abandoned before the filing of the later application. A "substitute" does not obtain the benefit of the filing date of the prior application.