What is one of the limitations of provisional applications?

Provisional applications are designed to provide a way for inventors to establish an early filing date for their invention without the formal requirements of a non-provisional patent application. One significant limitation of provisional applications is that they cannot include claims. Unlike non-provisional applications, which must contain at least one claim that defines the invention, provisional applications do not require and cannot formally present claims.

This limitation allows inventors to disclose their invention and secure an early filing date while providing the flexibility to further develop the invention and amend it as necessary in a subsequent non-provisional application where claims must be defined. By understanding this key restriction, inventors can better navigate the patent application process and plan their intellectual property strategy effectively.

Other options present aspects that do not correctly characterize the limitations of provisional applications. Provisional applications can indeed have amendments during the 12-month period. They do not require an oath or declaration at the time of filing, and they do not undergo examination until a non-provisional application is filed that claims the benefit of the provisional application.