What are the key differences between nonprovisional and 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.

The MPEP outlines several significant differences between nonprovisional applications filed under 35 U.S.C. 111(a) and provisional applications filed under 35 U.S.C. 111(b):

• No claim is required in a provisional application.
• No oath or declaration is required in a provisional application.
• Provisional applications will not be examined for patentability.
• A provisional application is not entitled to claim priority to any foreign application or the benefit of any earlier filed national application.
• A design patent application is not entitled to claim the benefit of a provisional application.

These differences highlight the more informal nature of provisional applications, which are primarily used to establish an early filing date.