What happens to a provisional application after 12 months?
What happens to a provisional application after 12 months?
A provisional application automatically becomes abandoned 12 months after its filing date. The MPEP states: ‘A provisional application will automatically become abandoned 12 months after its filing date pursuant to 35 U.S.C. 111(b)(5).’ This means that:
- The application is no longer pending
- It cannot be revived
- No patent will directly result from a provisional application
To benefit from the provisional application, the applicant must file a nonprovisional application claiming priority to the provisional within the 12-month period. For more details, refer to MPEP 201.04.
For more information on Patent Application Process, visit: Patent Application Process.
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