Does MPEP ¶ 2.11 apply to provisional applications?

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, MPEP ¶ 2.11 does not apply to benefit claims for provisional applications. The MPEP explicitly states:

Do not use this form paragraph for benefit claims under 35 U.S.C. 119(e) to provisional applications.

This means that the copendency requirements and procedures outlined in MPEP ¶ 2.11 are specifically for non-provisional applications claiming benefit under 35 U.S.C. 120, 121, 365(c), or 386(c). Provisional applications have different rules and procedures for claiming benefit, which are covered under 35 U.S.C. 119(e) and other sections of the MPEP.

For more information on benefit claims, visit: benefit claims.

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