Can a provisional application claim the benefit of an earlier application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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 claim the benefit of an earlier-filed application. This is explicitly stated in MPEP 211.01(a) : “A provisional application is not entitled to the benefit of the filing date of an earlier filed application under 35 U.S.C. 119, 120, 121, 365, or 386.” This means that a provisional application stands on its own and cannot extend its effective filing date by claiming priority to any earlier application, whether it’s another provisional, a nonprovisional, or a foreign application. The purpose of a provisional application is to establish an early filing date for a subsequent nonprovisional application, not to claim priority to earlier filings. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition for Nonprovisional Application Benefit Claim MPEP 211 Required Claiming Benefit of Prior Filed Provisional Application MPEP 211 Permitted Amendment Required for Earlier Filing Date Benefit MPEP 211 Required Restoration of Provisional Application Benefit After Delay MPEP 211.01(a) Permitted Petition to Restore Provisional Application Benefit Not Subjected To Specific Reference Requirement MPEP 211 Delayed Filing of Nonprovisional Application MPEP 211 Permitted Provisional Application Must Be Entitled to Filing Date and Fee Paid MPEP 211 Required Design Patent Cannot Claim Provisional Filing Date MPEP 211.01(a) Prohibited Benefit Under 35 U.S.C. 386(c) for Design Applications Filed on or After May 13, 2015 MPEP 211 Provisional Application Reference Required for National Stage MPEP 211 Required Other Related FAQs 5 FAQs Collapse What are the requirements for a nonprovisional application to claim benefit of a provisional application? What ...