Guide to U.S. Patent Filing Routes and Application Types
Routes of Filing a Patent Application
To obtain a U.S. patent, you may generally proceed in one of the following ways:
File separate national applications in each country where you seek patent protection (including the United States), i.e., filing via the Paris route; or
File an international application under the PCT (Patent Cooperation Treaty) and then enter the U.S. national stage based on that PCT application.
Types of U.S. Patent Applications
Types of U.S. patent applications include Provisional Applications and Non-provisional Applications (such as Original Applications, Continuation Applications, Continuation-in-Part (CIP) Applications, Divisional Applications, etc.).
1. Provisional Application
A provisional application is filed primarily to secure an earlier filing date. No substantive examination is conducted on a provisional application. If a non-provisional application is not filed within 12 months from the provisional filing date, the provisional application is automatically regarded as abandoned.
2. Non-provisional Application
A non-provisional application is the standard application procedure used to obtain a patent. It generally requires submission of documents such as an oath or declaration, specification, claims, and an Information Disclosure Statement (IDS), among others.
Original Application: The first-filed application (before any division or amendment) in a series of patent applications filed by the same inventor(s).
Continuation Application: A procedure for pursuing the same invention as the earlier (parent) application. A continuation may be filed before the parent application is concluded (e.g., before it is abandoned or issues as a patent). When a final rejection is issued during examination, a continuation can provide a means to overcome the rejection by more precisely presenting the subject matter disclosed in the parent application.
Continuation-in-Part (CIP) Application: A CIP is filed when technology has advanced or been improved after the original filing and the applicant wishes to add new subject matter not included in the parent application. By combining newly developed technical content with the parent application, a CIP can help overcome rejections while maintaining continuity with the earlier invention. For subject matter common to the prior application, the filing date of the prior application serves as the effective date for examination purposes, while the CIP filing date serves as the effective date for the newly added subject matter.
Divisional Application: A divisional application is filed by dividing the original application into two or more separate inventions. This is commonly done when the examiner issues a Restriction/Election Requirement. A Restriction/Election Requirement is issued to limit the scope of inventions that may be examined in a single application, helping keep the examiner’s technical scope and search burden reasonable. If the examiner determines that the claims include two or more distinct inventions, the examiner may require the applicant to elect one invention for examination. Claims not elected may be pursued in a Divisional Application, and a divisional application generally retains the same filing date as the original (parent) application.
