Can a provisional application be called a ‘divisional’ application?

No, a provisional application cannot be called a ‘divisional’ application. The MPEP ΒΆ 2.01 explicitly states: An application claiming the benefit of a provisional application under 35 U.S.C. 119(e) should not be called a ‘divisional’ of the prior application. This means that while an application can claim the benefit of a provisional application’s filing date…

Read More