How does the content of a provisional application differ from a nonprovisional application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

Provisional and nonprovisional applications have different content requirements. According to MPEP 601:

  • Provisional applications do not require claims or an oath or declaration.
  • Nonprovisional applications must include at least one claim and an oath or declaration.

The MPEP states: ‘A provisional application must also include the cover sheet required by 37 CFR 1.51(c)(1), which may be an application data sheet (37 CFR 1.76), or a cover letter identifying the application as a provisional application. Otherwise, the application will be treated as a nonprovisional application filed under 37 CFR 1.53(b).’

It’s crucial to understand these differences to ensure proper filing and to avoid unintended treatment of your application.

Topics: Patent Law Patent Procedure
Tags: nonprovisional application, oath or declaration, provisional application