General Terms Used to Describe Applications

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.