What happens if the prior-filed application is a provisional application?

What happens if the prior-filed application is a provisional application?

When the prior-filed application is a provisional application, special considerations apply:

• The nonprovisional application must be filed within 12 months of the provisional application’s filing date (or 14 months with a petition for revival).
• The provisional application must have adequate written description and enablement support for the claimed invention in the later-filed nonprovisional application.
• As stated in MPEP 211.01(a): “The 12-month period is subject to 35 U.S.C. 21(b) and 37 CFR 1.7(a).”

It’s important to note that provisional applications cannot claim priority to earlier applications, so the benefit claim can only extend back to the provisional application’s filing date.

To learn more:

• Provisional application
• Priority claim
• 12-month period
• Written description
• Enablement