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