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.
Yes, a continuation application can claim the benefit of a provisional application, provided certain conditions are met. The MPEP 201.07 states:
‘A continuation application may be filed under 35 U.S.C. 111(a) or 363 while the prior application is pending, or it may be filed as an RCE under 37 CFR 1.114 of the prior application.’
To claim the benefit of a provisional application:
- The continuation must be filed within 12 months of the provisional filing date
- The provisional application must provide adequate support for the claims in the continuation
- A specific reference to the provisional application must be made in the continuation
It’s important to note that while a continuation can claim benefit from a provisional, it must have at least one intervening nonprovisional application in the chain, as continuations are based on nonprovisional applications.