# MPEP § 201: Types of Applications

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S201

## Section

- **Citation:** MPEP § 201
- **Heading:** Types of Applications
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO MPEP / Chapter 0200 - Types and Status of Application › Benefit and Priority Claims / MPEP § 201

## Text

35 U.S.C. 101
Inventions patentable.
Whoever invents or discovers any new and useful process, machine,
manufacture, or composition of matter, or any new and useful improvement thereof, may
obtain a patent therefor, subject to the conditions and requirements of this title.
35 U.S.C. 161
Patents for plants.
Whoever invents or discovers and asexually reproduces any distinct
and new variety of plant, including cultivated sports, mutants, hybrids, and newly found
seedlings, other than a tuber propagated plant or a plant found in an uncultivated
state, may obtain a patent therefor, subject to the conditions and requirements of this
title.
The provisions of this title relating to patents for inventions
shall apply to patents for plants, except as otherwise provided.
35 U.S.C. 171
Patents for designs.
(a) IN GENERAL.—Whoever invents any new, original, and ornamental
design for an article of manufacture may obtain a patent therefor, subject to the
conditions and requirements of this title.
(b) APPLICABILITY OF THIS TITLE.—The provisions of this title
relating to patents for inventions shall apply to patents for designs, except as
otherwise provided.
(c) FILING DATE.—The filing date of an application for
patent for design shall be the date on which the specification as prescribed by
section
112
and any required drawings are filed.
Patent applications can be directed to three broad types of
subject matter:
(A) applications for patents as provided for by
35 U.S.C.
101
relating to a “new and useful process, machine,
manufacture, or composition of matter," etc.;
(B) applications for plant patents as provided for by
35 U.S.C.
161
; and
(C) applications for design patents as provided for by
35 U.S.C.
171
.
The first type of patent application is sometimes referred to
as a “utility” patent applications when being contrasted with a plant or design patent
application
relating to a “new and useful process, machine,
manufacture, or composition of matter," etc.;
(B) applications for plant patents as provided for by
35 U.S.C.
161
; and
(C) applications for design patents as provided for by
35 U.S.C.
171
.
The first type of patent application is sometimes referred to
as a “utility” patent applications when being contrasted with a plant or design patent
application. The specialized procedure which pertains to the examination of applications
for design and plant patents are treated in detail in
Chapters 1500
and
1600
, respectively.

## Nearby sections

- [MPEP § 201 Types of Applications](https://www.frixlaw.com/law-library/statutes/MPEP_S201.md)
- [MPEP § 201.01 National Applications](https://www.frixlaw.com/law-library/statutes/MPEP_S201.01.md)
- [MPEP § 201.02 General Terms Used to Describe Applications](https://www.frixlaw.com/law-library/statutes/MPEP_S201.02.md)
- [MPEP § 201.03 [Reserved] [R-]](https://www.frixlaw.com/law-library/statutes/MPEP_S201.03.md)
- [MPEP § 201.04 Provisional Application](https://www.frixlaw.com/law-library/statutes/MPEP_S201.04.md)
- [MPEP § 201.05 Reissue Application](https://www.frixlaw.com/law-library/statutes/MPEP_S201.05.md)
- [MPEP § 201.06 Divisional Application](https://www.frixlaw.com/law-library/statutes/MPEP_S201.06.md)
- [MPEP § 201.06(a) Former 37 CFR 1.60 Divisional Continuation Procedure](https://www.frixlaw.com/law-library/statutes/MPEP_S201.06(a).md)
- [MPEP § 201.06(b) Former 37 CFR 1.62 File Wrapper Continuing Procedure](https://www.frixlaw.com/law-library/statutes/MPEP_S201.06(b).md)
- [MPEP § 201.06(c) 37 CFR 1.53(b) and 37 CFR 1.63(d) Divisional-Continuation Procedure](https://www.frixlaw.com/law-library/statutes/MPEP_S201.06(c).md)
- [MPEP § 201.06(d) 37 CFR 1.53(d) Continued Prosecution Application (CPA) Practice](https://www.frixlaw.com/law-library/statutes/MPEP_S201.06(d).md)
- [MPEP § 201.07 Continuation Application](https://www.frixlaw.com/law-library/statutes/MPEP_S201.07.md)
- [MPEP § 201.08 Continuation-in-Part Application](https://www.frixlaw.com/law-library/statutes/MPEP_S201.08.md)
- [MPEP § 202 Cross-Noting](https://www.frixlaw.com/law-library/statutes/MPEP_S202.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S201. Check the current official text before relying on it. Not legal advice.