What happens if a provisional application is filed without a complete cover sheet?

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.

If a provisional application is filed without a complete cover sheet, the USPTO will still treat it as a provisional application. However, the applicant will be required to submit the complete cover sheet and pay a surcharge at a later date. The MPEP explains:

A provisional application, which is identified as such, but which does not have a complete cover sheet as required by 37 CFR 1.51(c)(1) will be treated as a provisional application. However, the complete cover sheet and a surcharge will be required to be submitted at a later date in conformance with 37 CFR 1.53(g). (MPEP 601.01(b))

The USPTO will notify the applicant and provide a time period (usually two months) to submit the necessary documents and fees to avoid abandonment of the application.