Can a provisional application be filed without claims?

Yes, a provisional application can be filed without claims. The MPEP 201.04 states:

A provisional application must also include the filing fee as set forth in 37 CFR 1.16(d) and a cover sheet identifying the application as a provisional application. Otherwise, the application will be treated as a nonprovisional application. The filing date of a provisional application is the date on which a specification as prescribed by 35 U.S.C. 112(a), and any drawing required by 37 CFR 1.81(a) are filed in the United States Patent and Trademark Office. No claims are required.

While claims are not required for a provisional application, it’s important to provide a comprehensive description of the invention to ensure adequate support for any claims in a subsequent nonprovisional application.

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

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: provisional application