Can a provisional application be published?

Can a provisional application be published?

No, provisional applications are not published. The MPEP clearly states: ‘A provisional application is not entitled to the right of priority under 35 U.S.C. 119 or 365(a) or 365(b); is not entitled to the benefit of the filing date of a prior application under 35 U.S.C. 119(e) or 120; and will not be published or examined.’ This means:

• Provisional applications remain confidential
• They are not made available to the public
• No patent document is published based solely on a provisional application

For more information on provisional applications, visit the MPEP 201.04 section.

For more information on patent examination, visit: patent examination.

For more information on provisional application, visit: provisional application.