Patent Law FAQ

Provisional and nonprovisional patent applications have several key differences:

• Claims: Nonprovisional applications require claims, while provisional applications do not. As stated in the MPEP, “Unlike an application filed under 35 U.S.C. 111(a) which requires claims before examination, a provisional application does not require claims.”
• Oath or Declaration: Nonprovisional applications require an oath or declaration, while provisional applications do not. The MPEP notes, “Furthermore, no oath or declaration is required.”
• Examination: Nonprovisional applications undergo substantive examination, while provisional applications do not.
• Information Disclosure Statement: Provisional applications should not include an information disclosure statement, unlike nonprovisional applications. The MPEP states, “Unlike applications filed under 35 U.S.C. 111(a), provisional applications should not include an information disclosure statement.”
• Cover Sheet: Provisional applications require a specific cover sheet with identifying information, which is not required for nonprovisional applications.

For more details on provisional applications, refer to MPEP § 201.04.

To learn more:

• provisional application
• nonprovisional application
• patent application differences
• claims
• oath
• declaration
• examination
• information disclosure statement