Can a provisional application be filed without an oath or declaration?
Yes, a provisional application can be filed without an oath or declaration. According to MPEP 601.01(b):
Quote: “A provisional application does not require a claim or oath or declaration.”
This is one of the key differences between provisional and nonprovisional applications. The simplified filing requirements for provisional applications make them a useful tool for quickly establishing a priority date. However, it’s important to remember that:
- A provisional application cannot mature into a patent
- To claim the benefit of a provisional application, a nonprovisional application must be filed within one year
When filing the subsequent nonprovisional application, an oath or declaration will be required as part of the complete application.
To learn more:
Topics:
Patent Law,
Patent Procedure