Question #40 from the April 2003 (AM) patent bar exam is reported by exam takers as a question in the current exam database.
40. In accordance with USPTO rules and the procedure set forth in the MPEP, which one of the following is not required for a provisional application filed in the USPTO?
(A) A specification.
(B) A drawing as prescribed by 35 USC 113.
(C) An application fee.
(D) A claim.
(E) A cover sheet complying with the rule.
ANSWER: (D) is the most correct answer. See 35 U.S.C. § 111(b)(2); 37 CFR § 1.51(c); MPEP §§ 601 and 601.01(b). 35 U.S.C. § 111(b)(2) states that “[a] claim, as required by the second through fifth paragraphs of section 112, shall not be required in a provisional application.” The documents and other components recited in answers (A) through (C) and (E) are required in a provisional application. See 35 U.S.C. § 111(b); 37 CFR § 1.51(c).
