What happens if a provisional application is filed without claims?

What happens if a provisional application is filed without claims?

A provisional application can be filed without claims and still be considered complete. According to MPEP 601.01(b):

“A provisional application need not include claims to be complete for filing date purposes.”

This means that unlike non-provisional applications, provisional applications do not require claims to receive a filing date. However, it’s important to note that the specification should still provide adequate support for any claims that may be included in a later-filed non-provisional application claiming priority to the provisional application.

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Topics: Patent Law, Patent Procedure
Tags: Claims, filing requirements, provisional application