Can a provisional application claim the benefit of an earlier application?
Can a provisional application claim the benefit of an earlier application?
No, a provisional application cannot claim the benefit of an earlier-filed application. This is explicitly stated in MPEP 211.01(a):
“A provisional application is not entitled to the benefit of the filing date of an earlier filed application under 35 U.S.C. 119, 120, 121, 365, or 386.”
This means that a provisional application stands on its own and cannot extend its effective filing date by claiming priority to any earlier application, whether it’s another provisional, a nonprovisional, or a foreign application. The purpose of a provisional application is to establish an early filing date for a subsequent nonprovisional application, not to claim priority to earlier filings.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure