Can multiple provisional applications be filed for the same invention?

Can multiple provisional applications be filed for the same invention?

Yes, multiple provisional applications can be filed for the same invention. The MPEP 201.04 does not place restrictions on filing multiple provisionals. In fact, this practice can be beneficial for inventors who are continuously developing their invention.

Each provisional application establishes a potential priority date for the disclosed content. When filing a subsequent nonprovisional application, the applicant can claim the benefit of multiple provisional applications, potentially securing multiple priority dates for different aspects of the invention.

However, it’s important to note that each provisional application must still meet the requirements of 35 U.S.C. 112(a) for the disclosed subject matter to be eligible for the priority date.

For more information on patent priority, visit: patent priority.

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