Can a divisional application claim priority to a provisional application?

Yes, a divisional application can claim priority to a provisional application under certain conditions. According to MPEP 201.06:

‘A divisional application may claim the benefit of a provisional application under 35 U.S.C. 119(e) if the divisional application is filed within twelve months of the provisional application filing date (or an appropriate later date in accordance with 37 CFR 1.78).’

To claim this benefit, the divisional application must:

• Be filed within 12 months of the provisional application’s filing date (or later if permitted under 37 CFR 1.78)
• Include a proper reference to the provisional application
• Have at least one common inventor with the provisional application

To learn more:

• divisional application
• provisional application
• priority claim
• 35 U.S.C. 119(e)
• 37 CFR 1.78

To learn more:

• patent filing