Are provisional patent applications examined?

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 examined. The MPEP 504 clearly states: “Provisional applications will not be examined.” Provisional applications serve as a placeholder to establish a priority date and are not subject to substantive examination by the USPTO.

Topics: MPEP 500 - Receipt and Handling of Mail and Papers MPEP 504 - Assignment of Application for Examination Patent Law Patent Procedure
Tags: patent examination, Provisional Applications, USPTO