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)?

1 Answer 1


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, 2015 at 9:15
  • The questioner themselves have stated so in their question. Feb 12, 2015 at 10:50
  • in my understanding no PCT rule or article states that a application can be filed without claim.
    – Pushpak
    Feb 12, 2015 at 10:55

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