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)?


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.

  • 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

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

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