What happens if I file a provisional application without meeting all the requirements?

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 you file a provisional application that doesn’t meet all the requirements, it may not be granted the filing date you intended. The MPEP states: If a provisional application does not contain a cover sheet identifying it as a provisional application, it will be treated as a nonprovisional application. This means:

• Your application might be processed as a nonprovisional application, which has different requirements and fees.
• You could lose the intended filing date, which is crucial for establishing priority.
• The USPTO may send you a notice of missing parts, giving you a chance to correct the deficiencies.

It’s crucial to ensure all requirements are met when filing a provisional application to avoid these complications.

For more information on filing requirements, visit: filing requirements.

For more information on Patent Application Process, visit: Patent Application Process.

For more information on provisional application, visit: provisional application.

For more information on USPTO, visit: USPTO.