What is the difference between a continuation application and a provisional application?

Continuation applications and provisional applications are distinct types of patent applications with different purposes and requirements. A key difference is noted in MPEP 201.07:

An application claiming the benefit of a provisional application under 35 U.S.C. 119(e) should not be called a ‘divisional’ of the provisional application.

This guidance also applies to continuation applications. The main differences include:

• Continuation applications are based on nonprovisional applications and claim benefit under 35 U.S.C. 120, 121, 365(c), or 386(c)
• Provisional applications are placeholder applications that can be claimed as priority under 35 U.S.C. 119(e)
• Continuation applications must have the same disclosure as the parent application
• Provisional applications do not need to meet the same formal requirements as nonprovisional applications

For specific requirements related to provisional applications, refer to MPEP § 211 et seq.

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

For more information on patent law, visit: patent law.

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