How are provisional application benefits handled on the bib-data sheet?

Provisional application benefits are handled differently from other types of priority claims on the bib-data sheet. If an applicant claims benefit under 35 U.S.C. 119(e) to a prior provisional application, the application number of that provisional application should be printed on the bib-data sheet.

However, it’s important to note: If applicant claims benefit under35 U.S.C. 119(e)to a prior provisional application, and states that the provisional application claims the benefit of, or priority to, earlier domestic or foreign application(s), the earlier application(s) should not be reflected on the bib-data sheet because a provisional application is not entitled to the benefit of, or right of priority to, any other application. (MPEP 202)

This is due to the limitation set forth in 35 U.S.C. 111(b)(7), which states that a provisional application cannot claim priority to or benefit from any other application.

Examiners should verify that provisional application data is correctly listed and that no improper benefit claims to earlier applications through a provisional application are included on the bib-data sheet.

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

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

For more information on provisional application, visit: provisional application.

Provisional Application Not Entitled to Earlier Priority MPEP 202 Recommended
Oath/Declaration Requirement for Inventors, Especially Foreign Ones MPEP 2004 Informative
Oath Must Be In Understandable Language MPEP 2004 Prohibited
Oath Requirement for Foreign Language Declarations MPEP 2004 Informative
Evaluate Materiality of Closest Prior Art MPEP 2004 Permitted