Can a provisional application be revived after 12 months from its filing date?
A provisional application cannot be revived to be pending after 12 months from its filing date. Key points about reviving provisional applications:
- A petition to revive can be filed for a provisional application abandoned for failure to respond to an Office requirement
- The revival can only make the application pending up to the 12-month point from its filing date
- A petition filed after the 12-month point can only revive the application for the period up to 12 months from filing
- The 12-month pendency period cannot be extended under any circumstances
As stated in the MPEP:
35 U.S.C. 111(b)(5) provides that a provisional application shall be regarded as abandoned 12 months after its filing date and shall not be subject to revival after such 12-month period. 37 CFR 1.137(g) provides that a provisional application, abandoned for failure to timely respond to an Office requirement, may be revived pursuant to 37 CFR 1.137, however a provisional application will not be regarded as pending after twelve months from its filing date under any circumstances.
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