Can a provisional application be considered a continuation-in-part?

No, a provisional application cannot be considered a continuation-in-part (CIP). The MPEP explicitly states: An application claiming the benefit of a provisional application under 35 U.S.C. 119(e) should not be called a ‘continuation-in-part’ of the provisional application. (MPEP ¶ 2.06)

This distinction is important because:

• Provisional applications are not examined and do not mature into patents.
• The term ‘continuation-in-part’ is reserved for non-provisional applications that build upon prior non-provisional applications.
• The relationship between a non-provisional application and a provisional application is described as ‘claiming the benefit of’ the provisional, not as a continuation or CIP.

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

For more information on patent application types, visit: patent application types.

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