What options are available if I miss the 12-month deadline for claiming provisional application benefit?

If you miss the 12-month deadline for claiming the benefit of a provisional application, you have two main options:

1. Delete the claim to the benefit of the prior-filed provisional application.
2. File a petition to restore the benefit of the provisional application.

The MPEP states:

“Alternatively, 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 petition must be filed in the subsequent application and include specific requirements, such as a reference to the provisional application, a petition fee, and a statement that the delay was unintentional.

For more information on patent procedure, visit: patent procedure.

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