Features not disclosed in provisional application priority date

1

Am I correct that:

Should you claim priority from a provisional application and you disclose features in the subsequent non-provisional application (which claims priority from the provisional application) those features not disclosed in the non-provisional application have the priority date of the filing of the non-provisional application?

In other words the additional features disclosed in the subsequent non-provisional application are not lost but are allocated the priority date of the filing of the non-provisional application.

Where is this discussed in MPEP?

Deon P Hugo

Posted 2015-07-23T22:30:24.327

Reputation: 413

Answers

3

You are correct. From MPEP 211.05 A:

for a claim in a later filed nonprovisional application to be entitled to the benefit of the filing date of the provisional application, the written description and drawing(s) (if any) of the provisional application must adequately support and enable the subject matter of the claim in the later filed nonprovisional application.

JDMc

Posted 2015-07-23T22:30:24.327

Reputation: 524