What is the relationship between a provisional application and a nonprovisional application?

What is the relationship between a provisional application and a nonprovisional application?

A provisional application serves as a placeholder for a later-filed nonprovisional application. According to MPEP 201.04:

“A provisional application may serve as a basis for claiming benefit under 35 U.S.C. 119(e) in a later filed nonprovisional application or an international application designating the United States.”

This means that a provisional application can establish an earlier filing date for a subsequent nonprovisional application, provided the nonprovisional is filed within 12 months of the provisional and properly claims benefit to it.

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

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

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

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: nonprovisional application, patent filing, provisional application