Are provisional patent applications assigned to examiners?

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 patent applications are not assigned to examiners for examination. MPEP 504 explicitly states: “Provisional applications will not be examined.” This is because provisional applications are primarily used to establish a priority date and are not subject to substantive examination.

Topics: MPEP 500 - Receipt and Handling of Mail and Papers MPEP 504 - Assignment of Application for Examination Patent Law Patent Procedure
Tags: application assignment, nonprovisional applications, patent examination