How long does a provisional patent application last?
A provisional patent application has a limited lifespan. According to MPEP 201.04:
“A provisional application will automatically be abandoned 12 months after its filing date and will not be subject to revival to restore it to pending status thereafter.”
This 12-month period provides inventors with a year of ‘patent pending’ status to further develop their invention, assess its commercial potential, or secure funding. To maintain patent rights, the inventor must file a corresponding nonprovisional application claiming the benefit of the provisional application within this 12-month window.
It’s important to note that the 12-month period may be extended to the next business day if it ends on a weekend or federal holiday in the District of Columbia.
To learn more: