The document outlines various types of patent applications including provisional, non-provisional, continuation, continuation-in-part (CIP), and divisional applications, detailing their specific purposes and filing requirements. It discusses the process for accelerated examination by the USPTO, highlighting the prerequisites for eligibility and the advantages and limits of this expedited process. The document serves as a comprehensive guide on patent application types, their filing criteria, and tips for navigating the patent examination process efficiently.

1. By
Manoj Prajapati & Shruti Rawat
Research Analyst (IPR)
PATENT APPLICATIONs

2. Content
Provisional application
Non-provisional application
Continuation application
Continuation in part
Divisional application
Accelerated examination

3. Patent application
There are two types of Patent applications: Provisional and Non-provisional.
Provisional application:
 It filled usually to finalized invention within 12 month.
 It provides filling date one year earlier.
 A provisional application is a quick and less expensive
 No claim is required in a provisional application.
 No oath or declaration is required in a provisional application.
 Provisional applications will not be examined for patentability in USPTO .

4. Non-provisional patent application:
• After 12 month provisional application convert to the non provisional application and
within 14 month after the filling date of the provisional's application.
• 12 month pendency periods can not be extended.
• Non- provisional application is examine by USPTO.
• In Non-provisional application invention disclose publically
• In Non-provisional application applicant confers the right to stop other form making,
sealing, using and try to using his/her invention.

5. Other applications
There are three types of applications:
• Continuation application
• CIP application
• Divisional application
Applications filed under 35 U.S.C. 111(a) include original non-provisional utility, plant, design,
divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b)

6. 1. Continuation Application:
It is Patent application Filled by applicant/Inventor
To pursue additional claims to subject matter in
parent application that has not yet been issued or
abandoned.
These child applications are often, but not always,
filed to overcome problems the examiner has with
the parent
A continuing application is a separately filed
application that is linked to a previously filed
pending non-provisional application.
Main purpose is to allow inventors to submit
enhancements/improvements that are built upon
the original invention.

7. Continuation application
• The continuation uses the same specification as the pending parent application, claims the
priority based on the filing date of the parent, and must name at least one of the inventors
named in the parent application.
• With a Continuation Application, an inventor may increase the scope of his application
without having to file an entirely new application (and consequently losing the original filing
date). An important point for Continuation applications is that they may edit the claims ONLY.
Reason for filing continuation application:
• This type of application is useful when a patent examiner allowed some, but rejected other claims
in an application.
• where an applicant may not have exhausted all useful ways of claiming different embodiments of
the invention.

8. 2. Continuation in Part application (CIP)
A continuation in part (“CIP”) is a type of continuing application that:
• Shares* the priority date of an earlier “parent” application
• Adds information that was not in the parent application
• Yet repeats some substantial portion of the parent's specification
• The majority of the specifications will repeat the description provided by the parent application, as
the invention in the CIP is mostly the same as the invention in the parent, but new material may also
be added to describe improvements.
Possible Reasons for Filing a CIP
1) The applicant needs to amend the specification to satisfy § 112.
E.g., the Examiner rejected claims in the parent for lack of support in the specification,
2) After filing, the applicants improved their invention. They can use the priority date of the parent as a
shield.
3) For a continuation-in-part application, claims to subject matter that was also disclosed in the
parent are entitled to the parent’s priority date, while claims to the additional subject matter
are only entitled to the filing date of the CIP application.

9. • Rather, the new subject matter is deemed to be filed as of the filing date of the CIP application. You
receive no benefit of the filing date of the original application for the new subject matter
Benefit of filing CIP:
• The benefit of the CIP application is that you have the flexibility, at a later time, to claim the subject
matter in your original application and receive the benefit of the filing date of your original patent
application. Alternatively, you can add claims solely to the new subject matter which is assigned the
filing date of your later filed CIP application. As such, you don’t have to incur the costs of
maintaining two applications which you would have had to do if you filed a separate new
application for the new subject matter

10. 3.Divisional patent application
• A divisional patent application is a type of patent application which contains matter from a
parent application. While a divisional application is filed later than the parent application, it
may retain its parent's filing date, and will generally claim the same priority.
• Divisional applications are generally used in cases where the parent application may lack unity
of invention; that is, the parent application describes more than one invention and the
applicant is required to split the parent into one or more divisional applications each
claiming only a single invention.

11. Accelerated Examination
The USPTO has established procedures under which the examination of a patent application
may be accelerated.
Purpose:
 The accelerated examination system enabling an examination to be conducted more
quickly as compare to regular examination upon the applicants' or appellants' request.
 Effective on or after August 25, 2006

12. Overall requirements: To qualify for the new accelerated examination program,
applicant must:
Submit the petition and fee (where appropriate)
File the application via EFS-Web
File a complete application complying with 37 CFR 1.51
File 3 or fewer independent claims and no more than 20 claims total
File an application for a single invention.
Conduct a pre-examination search
Provide an accelerated examination support document
In order to accelerate the examination of patent applications , USPTO has established
procedures that required submission of Accelerated Examination Support Document
(AESD). AESD provides the required search history and explanation of relevance for
the references and their application to the claims, making the issuance of the patent
much quicker.

13. AESD includes Information disclosure statement
(IDS) that containing-
• Cite all of the references relevant to the claims.
• For each reference cited in the IDS of the AESD, identify all of the limitations in the claims that are
disclosed by the reference it also specifying where the limitation is disclosed in the cited
reference.
• Include a detailed explanation of how each of the claims are patentable over the references
cited with the particularity under 37 CFR §1.111(b) and (c).
• Applicant is required to submit citing each reference deemed most closely related to the subject
matter of each of the claims (whether in independent or dependent form)
• Applicant is required to cite the reference that discloses the most limitations in the independent
claim that is not shown in the other references.
• A concise statement of the utility of the invention as defined in each of the independent claims
(unless the application is a design application);

14. Pros & Cons of accelerated examination
Pros of Accelerated Examination or time period
• May be filed after initial filing of application
• Low USPTO fees (large entity: $140; small entity $70)
• Examination results under accelerated system come out more quickly as compared to the regular
examination system,
• The average FA pendency under the accelerated system is about 2.3 months (in 2017), which is
much shorter than under the regular system.
• Also, where an accelerated examination is requested, an appeal decision is made and dispatched
within 3.7 months (on average) from the date that filling.
Limits of Accelerated Examination
 no more than 3 independent claims and 20 total claims
 requires pre-examination search documents.
 requires accelerated examination support document that must include an identification of all
limitations in the claims that are disclosed in each prior art reference.

15. Accelerated Examination Tips
• Search the claimed invention and features that may be claimed.
• Search should typically include U.S. patents publications, foreign patents and publications,
and non-patent literature.
• Provide the text-search logic.

16. Accelerating Examination
• Applicant hereby agrees not to separately argue the patentability of any dependent claim during
any appeal in the application.
• The claims must be directed to a single invention
Interviews:
Applicant hereby agrees to have (if requested by examiner): a. An interview to discuss the prior
art and any potential rejections or objections with the intention of clarifying and possibly
resolving all issues with respect to patentability at that time, and
Pre-examination Search Statement and Accelerated Examination Support Document that
includes:
An information disclosure statement in compliance with 37 CFR 1.98 citing each reference
deemed most closely related to the subject matter of each of the independent claims;

17. Accelerated Examination applications must meet
the following conditions
• Be filed through EFS-Web
• Should use form PTO/SB/28 for filing the petition
• Must be a non-reissue utility or design application
• All Fees must be paid at time of electronic filing
• No preliminary amendments present on the filing date of the application
• Be complete and correct

18. Submitting Accelerated Exam Follow-on
Document(s) through EFS-Web
After submitted
Accelerated
Examination
application, any
responses to the
USPTO in regards to
that application must
include a document
that is filed using the
new document
description of
“Accelerated Exam -
Transmittal
amendment/reply”.
Select General
Transmittal
category, then
select
“Accelerated
Exam -
Transmittal
amendment/repl
y” from available
options.
Attach your
transmittal letter. This
can be the first page of
your amendment.
Additional documents
can be attached, as
needed to support
your reply, using their
regular categories and
document description.

19. • The application and required fees must be filed by EFS-Web. If the USPTO’s EFS-Web is not
available to the public during the normal business hours then applicant may file the
application, other papers, and fees by mail accompanied by a statement that EFS-Web was
not available during the normal business hours.
• Interim filing procedure for sequence listings:
On October 14, 2006 the USPTO deployed the newest release of EFS-Web. EFS-Web is now
capable of handling sequence listings and other large text files. Therefore, the interim
procedures for filing such large text files are no longer available. Applicants must file the entire
application through the new improved EFS-Web interface.
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