How can an applicant amend their provisional specification?

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The ability of an applicant to amend their provisional specification is specifically accomplished through the submission of additional provisional specifications. This is because provisional applications are considered a lower form of application that does not undergo examination but serves primarily to establish an early filing date.

When an applicant files an additional provisional specification, they can introduce new information, claims, or any amendments that reflect the emerging understanding of their invention or address any deficiencies that may have been noted in the original filing. Each provisional filing stands alone—the amendments do not alter the initial provisional application; instead, they create a new record while also preserving the priority date of the original application.

In contrast, filing a non-provisional application, responding to a Final Rejection, or submitting a request for continued examination pertains primarily to non-provisional applications and their subsequent prosecution processes rather than the amendment of provisional specifications. These actions have specific implications and requirements under patent law that do not directly apply to the process of amending provisional applications.

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