Are provisional applications published or made available to the public?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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 or made available to the public by the USPTO. The MPEP 201.04 clearly states:

A provisional application is not subject to publication and is not subject to examination other than to review for national security implications.

This means that the contents of a provisional application remain confidential unless and until a corresponding non-provisional application is published or a patent is issued. This confidentiality can be advantageous for inventors who want to maintain secrecy while securing an early filing date.

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

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority MPEP 201 - Types of Applications Patent Law Patent Procedure
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