Is there a time limit for filing a petition to restore the benefit of a provisional application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. Yes, there is a time limit for filing a petition to restore the benefit of a provisional application. According to MPEP 211 : “Applicant may wish to file a petition to restore the benefit of the provisional application under 37 CFR 1.78 in the subsequent nonprovisional application or international application designating the United States if the subsequent application was filed within two months from the expiration of the twelve-month period and the delay was unintentional.” This means you have a two-month grace period after the expiration of the initial 12-month period to file the petition. It’s crucial to act quickly if you miss the original deadline and wish to restore the benefit of your provisional application. For more information on patent procedure, visit: patent procedure . For more information on provisional application, visit: provisional application . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Amendment Required for Earlier Filing Date Benefit MPEP 211 Required Procedural Requirements for Filing Date Claim Under 35 U.S.C. 120, 119(e), etc. MPEP 211 Required Claiming Benefit of Prior Applications MPEP 211 Permitted Petition for Nonprovisional Application Benefit Claim MPEP 211 Required Identification of Application by Number Required for Reference MPEP 211 Required Requirement for No Later Filing Date Claim MPEP 211 Examiner Must Use Actual Filing Date for Rejection MPEP 211 Required Petition to Restore Provisional Application Benefit Not Subjected To Specific Reference Requirement MPEP 211 Later-Filed Application Must Reference Prior Filing MPEP 211 Required Unintentional Delay Statement Required for Benefit Claim MPEP 211 Other Related FAQs 5 F...