This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
A provisional application serves as a placeholder for a later-filed nonprovisional application. According to MPEP 201.04:
“A provisional application may serve as a basis for claiming benefit under 35 U.S.C. 119(e) in a later filed nonprovisional application or an international application designating the United States.”
This means that a provisional application can establish an earlier filing date for a subsequent nonprovisional application, provided the nonprovisional is filed within 12 months of the provisional and properly claims benefit to it.
For more information on nonprovisional application, visit: nonprovisional application.
For more information on patent filing, visit: patent filing.
For more information on provisional application, visit: provisional application.