How long do I have to file a nonprovisional application after filing a provisional application?

Question

Accepted Answer

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. According to MPEP 203.05 , you have 12 months from the filing date of your provisional application to file a nonprovisional application. The MPEP states: “in the case of a provisional application, no later than 12 months after the filing date of the provisional application” If you don’t file a nonprovisional application within this timeframe, your provisional application will be considered abandoned. This 12-month period is set by 35 U.S.C. 111(b)(5) . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Status of Allowed Nonprovisional Applications MPEP 203 Required Nonprovisional Application Before First Office Action MPEP 203 Amended Nonprovisional Application Requirement MPEP 203 Notice of Allowability Form and Status Inquiries for Patents MPEP 203 Permitted Incomplete Application Requirement MPEP 203 Abandoned Application Requirements MPEP 203 Abandoned Application Requirements MPEP 203.05 Incomplete Application Requirement MPEP 203 Amendment Before First Office Action Does Not Alter New Application Status MPEP 203 Request for Continued Examination Not a New Application MPEP 203 Other Related FAQs 5 FAQs Collapse What does &#8216;failure to take appropriate action&#8217; mean in patent prosecution? What are the reasons for a patent application to be considered &#8216;abandoned&#8217;? What does it mean when a patent application is &#8216;abandoned&#8217;? What happens if I don&#8217;t pay the issue fee for my patent application? What are the different ways a patent application can become abandoned?