Can a design patent application be filed as a provisional application?
No, a design patent application cannot be filed as a provisional application. The MPEP 201.01 states:
“Design applications and provisional applications for patent are considered to be distinct types of applications and are treated as separate categories.”
This means that design patent applications must be filed as nonprovisional applications. Provisional applications are only available for utility and plant patents.
For more information on design patent, visit: design patent.
For more information on patent application types, visit: patent application types.
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