What happens if I fail to file a nonprovisional application within 12 months of my provisional application?

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.

If you fail to file a nonprovisional application within 12 months of your provisional application’s filing date, you will lose the benefit of the provisional application’s filing date. The MPEP states:

“A provisional application expires 12 months after its filing date and cannot be revived after its expiration to restore it to pending status.” (MPEP 201.04)

This means:

• You can’t claim priority to the provisional application after the 12-month period.
• Any public disclosures made during that 12-month period may now be considered prior art against your invention.
• You may need to file a new application, potentially losing your earlier filing date.

It’s crucial to calendar the 12-month deadline and ensure timely filing of the nonprovisional application to preserve your priority date.