Ask Patents is a question and answer site for people interested in improving and participating in the patent system. Join them; it only takes a minute:

Sign up
Here's how it works:
  1. Anybody can ask a question
  2. Anybody can answer
  3. The best answers are voted up and rise to the top

AFAIK, US provisional patent is valid for later use even without any claim, but I heard that some countries require patent having claims. So does PCT application accepts US provisional patent without claim as valid priority date?

Or should I file US provisional with claims (like a formal patent application)?

share|improve this question
up vote 1 down vote accepted

Yes, definitely. The PCT accepts US provisional application without any claims. However, it is always advisable to write some broad claims in the Provisional application. It is just an added measure.

share|improve this answer
    
could you please cite rule or article which states PCT application can be filed without claims?? – Pushpak Feb 9 '15 at 9:15
    
The questioner themselves have stated so in their question. – TTConsultants Feb 12 '15 at 10:50
    
in my understanding no PCT rule or article states that a application can be filed without claim. – Pushpak Feb 12 '15 at 10:55

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.