Can a provisional application be called a ‘continuation’?

No, a provisional application should not be referred to as a ‘continuation’. The MPEP clearly states:

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

This is because provisional applications serve a different purpose than continuation applications. Provisional applications are temporary placeholders that establish a priority date but do not mature into issued patents. Continuations, on the other hand, are full patent applications that build upon previously filed non-provisional applications.

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

For more information on patent law, visit: patent law.

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