Can amendments be made to a provisional application after filing?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

Generally, amendments to a provisional application are not permitted after the filing date, except for those required to comply with applicable regulations. The MPEP clearly states:

Amendments, other than those required to make the provisional application comply with applicable regulations, are not permitted after the filing date of the provisional application. (MPEP 601.01(b))

This restriction helps maintain the integrity of the provisional application as a snapshot of the invention at the time of filing.

Topics: Patent Law Patent Procedure
Tags: amendments, Patent Application Process, provisional application, USPTO