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.
Yes, a divisional application can claim benefit from a provisional application through its parent application. The MPEP 201.06 states: “A later-filed application may be filed as a continuation, divisional, or continuation-in-part of a prior nonprovisional application or international application designating the United States. Unless the filing date of the earlier nonprovisional application is to be claimed for prior art purposes, there is no need for the later-filed application to be copending with it.” This means that if the parent application claimed benefit from a provisional application, the divisional application can also claim that benefit, extending its effective filing date back to the provisional application’s filing date.