Let's say I have filed a first provisional with content A.

About 2 weeks later, I add some more explanatory bits to my spec, maybe some more drawings showing greater detail in some aspects, and some claims (which I didn't have in A) so that I have content A+B.

Do I file A+B in a second provisional, or just the B material? Should I reference the first provisional, and if so what is the correct phrasing?

Let us assume that I am only interested in U.S. and not international rights, and that the A content might be able to support some of the B claims.

1 Answer 1


The second provisional should be a standalone document with all of the updates you have created. If you file a non-provisional within the year from the 1st one, claim the benefit of both in that application.

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