Can a provisional application be filed without an oath or declaration?

Yes, a provisional application can be filed without an oath or declaration. According to MPEP 601.01(b):

Quote: “A provisional application does not require a claim or oath or declaration.”

This is one of the key differences between provisional and nonprovisional applications. The simplified filing requirements for provisional applications make them a useful tool for quickly establishing a priority date. However, it’s important to remember that:

  • A provisional application cannot mature into a patent
  • To claim the benefit of a provisional application, a nonprovisional application must be filed within one year

When filing the subsequent nonprovisional application, an oath or declaration will be required as part of the complete application.

To learn more:

Topics: Patent Law, Patent Procedure
Tags: declaration, filing requirements, oath, provisional application