What are the filing requirements for a provisional application?

What are the filing requirements for a provisional application?

A provisional application must include:

  • A specification as prescribed by 35 U.S.C. 112(a), except claims are not required
  • Any drawings necessary to understand the invention
  • The inventor’s oath or declaration is not required
  • The appropriate filing fee

According to MPEP 601.01(b): ‘A provisional application must include a specification as prescribed by 35 U.S.C. 112(a), except that no claims are required.’ The specification should provide a clear description of the invention to enable others skilled in the art to make and use it.

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Topics: Patent Law, Patent Procedure
Tags: drawings, filing requirements, inventor's oath, provisional application, Specification