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.
No, a provisional application cannot be called a ‘divisional’ application. The MPEP ¶ 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 under 35 U.S.C. 119(e), it is not considered a divisional application. Divisional applications are specifically related to non-provisional applications and involve claiming independent and distinct inventions from a parent application.
For more information on 35 USC 119(e), visit: 35 USC 119(e).
For more information on Divisional application, visit: Divisional application.
For more information on provisional application, visit: provisional application.