Can I file multiple provisional applications for the same invention?

Can I file multiple provisional applications for the same invention?

Yes, you can file multiple provisional applications for the same invention. This practice is sometimes used to establish earlier priority dates for different aspects of an invention as they are developed. The MPEP 201.04 does not explicitly prohibit this practice.

However, it’s important to note:

• Each provisional application must meet the requirements for disclosure and enablement
• The 12-month deadline for filing a nonprovisional application starts from the earliest provisional application you wish to claim benefit from
• When filing the nonprovisional application, you can claim the benefit of multiple provisional applications

For example, the MPEP states:

“A nonprovisional application may claim the benefit of one or more prior provisional applications under 35 U.S.C. 119(e).”

While this strategy can be beneficial, it’s advisable to consult with a patent attorney to ensure proper execution and to avoid potential pitfalls.

To learn more:

• provisional application
• multiple filings
• patent strategy
• priority date