Which statute governs provisional application claims under priority?

The statute that governs provisional application claims under priority is found in 35 USC 119(e). This section specifically addresses the ability of a non-provisional patent application to claim priority from a provisional patent application. When a non-provisional application is filed within 12 months of the filing date of the provisional application, it can claim the benefit of the earlier filing date for the subject matter disclosed in the provisional, thereby allowing inventors to secure an earlier priority date.

This provision is crucial for applicants as it provides a mechanism for establishing priority for their inventions while giving them time to prepare a more formal application, which can include claims with more specific details. This means they can effectively lock in an earlier date of invention, which can be significant in the event of competing claims or disclosures.

The other options, while they pertain to claims and priority in general, do not specifically address the direct relationship between provisional applications and their claims. For example, 35 USC 119(a)-(d) relates to the priority of foreign applications and their claims to domestic filings, while 35 USC 120 discusses the benefit of earlier filings but is more focused on the continuity of applications rather than provisional applications specifically. Meanwhile, 35 USC 102 covers the conditions for patentability