What happens if a provisional application is missing required elements?

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 missing required elements, the USPTO will notify the applicant of the deficiencies. According to MPEP 601.01(b):

‘If the provisional application does not include a cover sheet indicating that it is a provisional application, the application will be treated as a nonprovisional application.’

Additionally:

• If the specification is missing, the application will be treated as an incomplete application.
• If the filing fee is missing, the USPTO will notify the applicant and set a time period for payment.
• If drawings are omitted but referred to in the specification, the applicant will be notified and given a time period to submit the drawings.

It’s crucial to ensure all required elements are included to avoid potential issues with the application’s filing date or treatment as a different type of application.