Patent Law FAQ

Provisional applications are a type of patent application that allows inventors to establish an early filing date without the formal requirements of a non-provisional application. According to MPEP 201:

‘A provisional application is a U.S. national application for patent filed in the USPTO under 35 U.S.C. 111(b).’

Key differences between provisional and non-provisional applications:

• Provisional applications have a simplified filing process and lower fees.
• They do not require formal patent claims or an oath or declaration.
• Provisional applications are not examined and automatically expire after 12 months.
• To obtain patent protection, a non-provisional application claiming benefit of the provisional must be filed within 12 months.

Non-provisional applications, on the other hand, are formal patent applications that are examined by the USPTO and can result in an issued patent if approved.

For more information on Non-provisional application, visit: Non-provisional application.

For more information on patent application types, visit: patent application types.

For more information on provisional application, visit: provisional application.

A continuation-in-part (CIP) application and a provisional application are two distinct types of patent applications with different purposes and effects. The key difference is highlighted in MPEP ¶ 2.06, which states:

An application claiming the benefit of a provisional application under 35 U.S.C. 119(e) should not be called a ‘continuation-in-part’ of the provisional application.

This means that:

• A CIP application builds upon a prior non-provisional application, adding new disclosure while claiming the benefit of the earlier filing date for the shared content.
• A provisional application is a temporary placeholder that establishes a priority date but does not mature into a patent. It cannot be continued or have a CIP.
• Applications claiming benefit from a provisional application are typically filed as new non-provisional applications, not as CIPs.

For more information on 35 U.S.C. 119(e), visit: 35 U.S.C. 119(e).

For more information on patent application types, visit: patent application types.

For more information on provisional application, visit: provisional application.

Provisional applications are a type of patent application that allows inventors to establish an early filing date without the formal requirements of a non-provisional application. According to MPEP 201:

‘A provisional application is a U.S. national application for patent filed in the USPTO under 35 U.S.C. 111(b).’

Key differences between provisional and non-provisional applications:

• Provisional applications have a simplified filing process and lower fees.
• They do not require formal patent claims or an oath or declaration.
• Provisional applications are not examined and automatically expire after 12 months.
• To obtain patent protection, a non-provisional application claiming benefit of the provisional must be filed within 12 months.

Non-provisional applications, on the other hand, are formal patent applications that are examined by the USPTO and can result in an issued patent if approved.

For more information on Non-provisional application, visit: Non-provisional application.

For more information on patent application types, visit: patent application types.

For more information on provisional application, visit: provisional application.

A continuation-in-part (CIP) application and a provisional application are two distinct types of patent applications with different purposes and effects. The key difference is highlighted in MPEP ¶ 2.06, which states:

An application claiming the benefit of a provisional application under 35 U.S.C. 119(e) should not be called a ‘continuation-in-part’ of the provisional application.

This means that:

• A CIP application builds upon a prior non-provisional application, adding new disclosure while claiming the benefit of the earlier filing date for the shared content.
• A provisional application is a temporary placeholder that establishes a priority date but does not mature into a patent. It cannot be continued or have a CIP.
• Applications claiming benefit from a provisional application are typically filed as new non-provisional applications, not as CIPs.

For more information on 35 U.S.C. 119(e), visit: 35 U.S.C. 119(e).

For more information on patent application types, visit: patent application types.

For more information on provisional application, visit: provisional application.

The USPTO assigns different series codes to various types of patent applications:

• 01/ – 16/: Nonprovisional applications (utility, plant, and reissue)
• 29/: Design applications
• 35/: International design applications
• 60/, 61/, and 62/: Provisional applications
• 90/: Ex parte reexamination proceedings
• 95/: Inter partes reexamination proceedings
• 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings

The MPEP provides a detailed breakdown of series codes for nonprovisional applications from 1925 to the present. For example, ‘Series code 16 is assigned to nonprovisional applications filed from June 2018 to present.’ (MPEP 503)

The USPTO assigns different series codes to various types of patent applications:

• 01/ – 16/: Nonprovisional applications (utility, plant, and reissue)
• 29/: Design applications
• 35/: International design applications
• 60/, 61/, and 62/: Provisional applications
• 90/: Ex parte reexamination proceedings
• 95/: Inter partes reexamination proceedings
• 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings

The MPEP provides a detailed breakdown of series codes for nonprovisional applications from 1925 to the present. For example, ‘Series code 16 is assigned to nonprovisional applications filed from June 2018 to present.’ (MPEP 503)

Provisional applications are a type of patent application that allows inventors to establish an early filing date without the formal requirements of a non-provisional application. According to MPEP 201:

‘A provisional application is a U.S. national application for patent filed in the USPTO under 35 U.S.C. 111(b).’

Key differences between provisional and non-provisional applications:

• Provisional applications have a simplified filing process and lower fees.
• They do not require formal patent claims or an oath or declaration.
• Provisional applications are not examined and automatically expire after 12 months.
• To obtain patent protection, a non-provisional application claiming benefit of the provisional must be filed within 12 months.

Non-provisional applications, on the other hand, are formal patent applications that are examined by the USPTO and can result in an issued patent if approved.

For more information on Non-provisional application, visit: Non-provisional application.

For more information on patent application types, visit: patent application types.

For more information on provisional application, visit: provisional application.

The USPTO assigns different series codes to various types of patent applications:

• 01/ – 16/: Nonprovisional applications (utility, plant, and reissue)
• 29/: Design applications
• 35/: International design applications
• 60/, 61/, and 62/: Provisional applications
• 90/: Ex parte reexamination proceedings
• 95/: Inter partes reexamination proceedings
• 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings

The MPEP provides a detailed breakdown of series codes for nonprovisional applications from 1925 to the present. For example, ‘Series code 16 is assigned to nonprovisional applications filed from June 2018 to present.’ (MPEP 503)

A continuation-in-part (CIP) application and a provisional application are two distinct types of patent applications with different purposes and effects. The key difference is highlighted in MPEP ¶ 2.06, which states:

An application claiming the benefit of a provisional application under 35 U.S.C. 119(e) should not be called a ‘continuation-in-part’ of the provisional application.

This means that:

• A CIP application builds upon a prior non-provisional application, adding new disclosure while claiming the benefit of the earlier filing date for the shared content.
• A provisional application is a temporary placeholder that establishes a priority date but does not mature into a patent. It cannot be continued or have a CIP.
• Applications claiming benefit from a provisional application are typically filed as new non-provisional applications, not as CIPs.

For more information on 35 U.S.C. 119(e), visit: 35 U.S.C. 119(e).

For more information on patent application types, visit: patent application types.

For more information on provisional application, visit: provisional application.

Provisional applications are a type of patent application that allows inventors to establish an early filing date without the formal requirements of a non-provisional application. According to MPEP 201:

‘A provisional application is a U.S. national application for patent filed in the USPTO under 35 U.S.C. 111(b).’

Key differences between provisional and non-provisional applications:

• Provisional applications have a simplified filing process and lower fees.
• They do not require formal patent claims or an oath or declaration.
• Provisional applications are not examined and automatically expire after 12 months.
• To obtain patent protection, a non-provisional application claiming benefit of the provisional must be filed within 12 months.

Non-provisional applications, on the other hand, are formal patent applications that are examined by the USPTO and can result in an issued patent if approved.

For more information on Non-provisional application, visit: Non-provisional application.

For more information on patent application types, visit: patent application types.

For more information on provisional application, visit: provisional application.

The USPTO assigns different series codes to various types of patent applications:

• 01/ – 16/: Nonprovisional applications (utility, plant, and reissue)
• 29/: Design applications
• 35/: International design applications
• 60/, 61/, and 62/: Provisional applications
• 90/: Ex parte reexamination proceedings
• 95/: Inter partes reexamination proceedings
• 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings

The MPEP provides a detailed breakdown of series codes for nonprovisional applications from 1925 to the present. For example, ‘Series code 16 is assigned to nonprovisional applications filed from June 2018 to present.’ (MPEP 503)

A continuation-in-part (CIP) application and a provisional application are two distinct types of patent applications with different purposes and effects. The key difference is highlighted in MPEP ¶ 2.06, which states:

An application claiming the benefit of a provisional application under 35 U.S.C. 119(e) should not be called a ‘continuation-in-part’ of the provisional application.

This means that:

• A CIP application builds upon a prior non-provisional application, adding new disclosure while claiming the benefit of the earlier filing date for the shared content.
• A provisional application is a temporary placeholder that establishes a priority date but does not mature into a patent. It cannot be continued or have a CIP.
• Applications claiming benefit from a provisional application are typically filed as new non-provisional applications, not as CIPs.

For more information on 35 U.S.C. 119(e), visit: 35 U.S.C. 119(e).

For more information on patent application types, visit: patent application types.

For more information on provisional application, visit: provisional application.