Are provisional patent applications classified and assigned to examiners?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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 classified or assigned to examiners. According to MPEP 909.01(b):

“Provisional applications are not classified or assigned since they are not examined.”

This is because provisional applications serve as a placeholder to establish a priority date and are not subject to examination. Only nonprovisional utility applications undergo the classification and assignment process for examination purposes.

Tags: patent examination, provisional patent applications, USPTO procedures