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