Can a provisional application be revived after 12 months from its filing date?

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.

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.