Can a provisional application claim priority to a foreign filed application?

A provisional application cannot claim priority to a foreign filed application because it does not serve as a basis for claiming priority under the Paris Convention or the Patent Cooperation Treaty (PCT). Provisional applications are intended primarily as a way to secure an early filing date for a subsequent non-provisional application felt requisite under U.S. law. They do not undergo examination or publication and therefore do not have the formal status required to serve as a basis for claiming priority.

While non-provisional applications can claim priority to earlier filed applications (including foreign ones) and take advantage of international treaties, the nature of provisional applications does not allow for this type of claim. The lack of formal status of provisional applications prohibits them from functioning similarly to a complete application in this regard. Thus, this makes it clear why the assertion in the correct answer is valid, as provisional applications are designed with a different purpose that does not include priority claims.