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

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.

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.