Are provisional applications classified and assigned to examiners?

No, provisional applications are not classified or assigned to examiners. The MPEP 909.02(b) clearly states:

“Provisional applications (Plant only) are not classified or assigned since they are not examined.”

This means that:

  • Provisional applications do not go through the same classification process as nonprovisional applications.
  • They are not assigned to an examiner for examination.
  • This applies specifically to provisional plant patent applications.

It’s important to note that provisional applications serve as a temporary placeholder and do not undergo substantive examination. They primarily establish a priority date for a subsequent nonprovisional application.

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Tags: patent assignment, Patent Classification, plant patents, Provisional Applications