What happens if a provisional application is filed without claims?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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 can be filed without claims and still be considered complete. According to MPEP 601.01(b) : “A provisional application need not include claims to be complete for filing date purposes.” This means that unlike non-provisional applications, provisional applications do not require claims to receive a filing date. However, it’s important to note that the specification should still provide adequate support for any claims that may be included in a later-filed non-provisional application claiming priority to the provisional application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Provisional Application Does Not Require Claims Or Oath/Declaration MPEP 601 Required Specification Required for Filing Date of Provisional Application MPEP 601.01(b) Provisional Application Filing Requirements MPEP 601 Provisional Application Filing Date Parallel to Nonprovisional MPEP 601.01(b) Specification Required for Filing Date MPEP 601 Required Components Required for Filing Date MPEP 601 Components Required for Filing Date MPEP 601 Filing Date for Pre-PLT Provisional Applications MPEP 601.01(b) Components of a Provisional Application MPEP 601 Filing Fee Required for Provisional Application MPEP 601 Required Other Related FAQs 5 FAQs Collapse Can a provisional application be filed without an oath or declaration? What happens if the filing fee for a provisional application is not paid? What happens if a provisional application is missing required elements? What happens if a provisional application is filed without a complete cover sheet? Can a provisional application be filed without an English translation?