Are provisional applications classified and assigned to examiners?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Provisional Plant Not Classified or Assigned MPEP 909.02(b) Provisional Applications Not Classified or Assigned MPEP 909.01(b) Application Must Be Assigned to Examiner MPEP 909.02(b) Classification and Assignment to Examiner for Design and Plant Applications MPEP 909.02(b) Required Examiner Assignment Time May Be Charged MPEP 909.02(b) Permitted Application Must Be Fully Classified on Receipt MPEP 909.01(b) Required Classifications Required for Examiner Assignment MPEP 909.01(b) Permitted Patent Applications with National Security Concerns Must Not Be Published MPEP 101 Required Provisional Applications in Foreign Languages Must Be Screened MPEP 115 National Security Classified Patent Application Must Be Declassified Before Publication and Allowance MPEP 120 Other Related FAQs 5 FAQs Collapse Can examiners other than supervisory patent examiners assign applications? How are patent applications classified and assigned to examiners? What types of patent appli...