Can I file a U.S. nonprovisional application claiming priority to a provisional application after 12 months?
Can I file a U.S. nonprovisional application claiming priority to a provisional application after 12 months?
While it’s generally recommended to file within 12 months, there is a limited exception that allows for filing a nonprovisional application claiming priority to a provisional application after the 12-month period. The MPEP explains:
“A nonprovisional application filed not later than twelve months after the date on which the provisional application was filed … will have its filing date restored to the filing date of the provisional application for the purpose of establishing copendency with the provisional application under 35 U.S.C. 119(e).” (MPEP 213.03)
However, this exception comes with strict conditions:
- The delay in filing must have been unintentional.
- The nonprovisional application must be filed within 14 months from the provisional filing date.
- A petition to restore the right of priority must be filed promptly.
It’s important to note that this exception is not automatic and requires a petition process. If granted, it allows the nonprovisional application to claim the benefit of the provisional application’s filing date.
To learn more: