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, 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.