Can a provisional application be published?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, provisional applications are not published. The MPEP clearly states: ‘A provisional application is not entitled to the right of priority under 35 U.S.C. 119 or 365(a) or 365(b); is not entitled to the benefit of the filing date of a prior application under 35 U.S.C. 119(e) or 120; and will not be published or examined.’ This means:

• Provisional applications remain confidential
• They are not made available to the public
• No patent document is published based solely on a provisional application

For more information on provisional applications, visit the MPEP 201.04 section.

For more information on patent examination, visit: patent examination.

For more information on provisional application, visit: provisional application.