What are the filing requirements for a provisional application?

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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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Provisional Application Filing Requirements MPEP 601 Application Filing Requirements for AIA Effective Dates MPEP 601 Required Filing Fee Required for Provisional Application MPEP 601 Required Provisional Application Does Not Require Claims Or Oath/Declaration MPEP 601 Required Provisional Application Filing Date Parallel to Nonprovisional MPEP 601.01(b) Filing Fee Requirement for Provisional Application MPEP 601.01(b) Permitted Provisional Application Must Have Cover Sheet MPEP 601.01(b) Permitted Provisional Application Must Have Complete Cover Sheet MPEP 601.01(b) Required Provisional Application Must Have Cover Sheet and Fee MPEP 601.01(b) Provisional Application Filing Deadline MPEP 601.01(b) Other Related FAQs 5 FAQs Collapse Can a provisional application be filed without an oath or declaration? What happens if a provisional application is filed without claims? 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 shee...