Provisional patent applications are not searchable by the public. They can only be accessed after a non-provisional patent application, claiming priority to the provisional application, is published by the USPTO.
Why can’t you search for provisional patent applications?
As mentioned above, the main reason why you can’t search for provisional patent application is because they are not published by the USPTO. Unlike NPAs, which are generally published 18 months after the earliest filing date, PPAs are kept confidential and are only available to the USPTO staff and the applicant. This means that the public cannot access or view PPAs online or in person.
Another reason why you can’t search for PPAs is because they are not examined by the USPTO. Unlike NPAs, which undergo a rigorous examination process by patent examiners, PPAs are not reviewed for patentability or compliance with the patent laws and rules. This means that the USPTO does not assign any classification or search codes to PPAs, making them difficult to find even if they were published.
How can you find out if a similar invention exists?
Although you can’t search for PPAs directly, there are some indirect ways to find out if a similar invention exists. One way is to search for NPAs that claim the benefit of a PPA. As mentioned earlier, a PPA must be followed by a NPA within 12 months to preserve the filing date. If a NPA is published, it will include a specific reference to the PPA in an application data sheet. You can search for NPAs using various databases and tools, such as the USPTO Patent Full-Text and Image Database, Google Patents, or PatentScope.
Another way is to search for publications or disclosures by the inventor or applicant of the PPA. Sometimes, inventors or applicants may choose to publish or disclose their inventions before or after filing a PPA, for example, in academic journals, conference proceedings, websites, blogs, social media, press releases, or crowdfunding platforms. You can search for these sources using keywords, names, dates, or other criteria. However, you should be aware that publishing or disclosing an invention before filing a patent application may affect its patentability in the United States. You can read more about that subject in the blog post relating
to invention rights based on filing.
Conclusion
You can’t search for PPAs directly because they are not published or examined by the USPTO. However, you can search for NPAs that claim the benefit of a PPA or publications or disclosures by the inventor or applicant of the PPA. These methods may help you find out if a similar invention exists, but they are not guaranteed to be comprehensive or accurate. Therefore, it is always advisable to consult a patent attorney or agent before filing a PPA or a NPA.