What is a provisional application and how does it affect priority?

What is a provisional application and how does it affect priority?

A provisional application is a type of patent application that allows inventors to establish an early filing date without a formal patent claim or oath or declaration. Key points about provisional applications and their effect on priority include:

• Provisional applications provide a 12-month pendency period.
• They can be used to establish an early effective filing date for a later-filed nonprovisional application.
• The later-filed nonprovisional must be filed within 12 months of the provisional to claim its benefit.

According to MPEP 210: “The later-filed application must contain or be amended to contain a specific reference to the prior application(s) in the first sentence(s) of the specification or in an application data sheet.”

It’s important to note that the subject matter in the nonprovisional application must be fully supported by the provisional application to receive its priority date. If new matter is added, those portions will only receive the filing date of the nonprovisional application.

For more information on effective filing date, visit: effective filing date.

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

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