Can a provisional application be published or made public?

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 applications are not published or made public by the USPTO. According to MPEP 201.04:

A provisional application is not subject to publication and is not published.

This confidentiality can be advantageous for inventors who want to secure a filing date while keeping their invention details private. However, it’s important to note that while the USPTO doesn’t publish provisional applications, the content may become public if referenced in a later-published nonprovisional application claiming its benefit.

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

Topics: MPEP 200 – Types and Status of Application; Benefit and Priority MPEP 201 – Types of Applications Patent Law Patent Procedure
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