![]() The required filings for a provisional application is the specification, drawings, cover sheet, and filing fee. Provisionals are only available for utility patents. The applicant must specify whether the application is a provisional application to obtain that status. These applications are filed under 35 U.S.C. These applications may claim the benefit of a provisional or another non-provisional application.Īs discussed above, these applications act as “place holders” to enable an inventor to obtain an earlier filing date without filing a complete non-provisional application. An oath or declaration and filing fee are also required but not to obtain a filing date. A filing date is acquired once the minimum required filings of the specification, claims, drawings are received by the patent office. Each will be discussed in more detail below and are considered “National” applications.Īs discussed above, these applications cover the utility of the invention. There are various types of applications which can be used such as: Non-provisional (regular), provisional, reissue, divisional, continuation, continued prosecution application, and substitute. An original application can be an offspring application. Original applications are applications which are not reissue applications but the original application as the name infers. Provisional applications are never referred to as “parent applications”. ![]() They claim the benefit to the parent application through 35 U.S.C. ![]() The later application is call the “offspring application” or “child application”. A parent application is used to define applications which a later application claims the benefit of. MPEP 201.02 – Terminology Of Patent Applications.Ĭommonly patents are referred to as parent applications or original applications. ![]()
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