MPEP Q & A 3: Significant Differences Between Nonprovisional and Provisional Applications

Question:

List two significant differences between nonprovisional applications and provisional applications.

Answer:

The following list includes significant differences between nonprovisional applications and provisional applications:

No claim is required in a provisional application.
No oath or declaration is required in a provisional application.
Provisional applications will not be examined for patentability.
A provisional application is not entitled to claim priority to any foreign application or the benefit of any earlier filed national application.
A design patent application is not entitled to claim the benefit of a provisional application

Chapter Details:

The answer to this question can be found in chapter 200 of the MPEP. This chapter covers types, cross-noting, and status of application. The question and answer is from the 9th Edition, Revision 07.2015.

Section Summary:

This question comes from section 201.01of the MPEP. The following is a brief summary of section 201.01

201 Types of Applications
An applicant may file a utility, plant or design patent application. This section covers the many different types of applications including national and international patent applications along with the different types of filings (i.e. provisional, nonprovisional, divisional, etc …).