How do I claim priority to a provisional application in a later-filed nonprovisional application?
Claiming priority to a provisional application is different from claiming foreign priority. To claim the benefit of a provisional application in a later-filed nonprovisional application:
- The nonprovisional must be filed within 12 months of the provisional filing date
- A specific reference to the provisional application must be made in an application data sheet
- The provisional and nonprovisional must name at least one common inventor
- The claimed subject matter must be supported by the provisional application
This is known as a domestic benefit claim under 35 U.S.C. 119(e), rather than a foreign priority claim under 35 U.S.C. 119(a)-(d). The requirements are specified in 37 CFR 1.78 rather than 37 CFR 1.55.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 213-Right of Priority of Foreign Application,
Patent Law,
Patent Procedure