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 nonprovisional application claiming the benefit of a provisional application under 35 U.S.C. 119(e) must be filed within 12 months after the provisional application’s filing date, unless the benefit has been restored. The MPEP states:
“When a later-filed application is claiming the benefit of a prior-filed provisional application under 35 U.S.C. 119(e), the nonprovisional application must be filed not later than 12 months after the date on which the provisional application was filed, unless the benefit of the provisional application has been restored.”
If the 12-month deadline falls on a Saturday, Sunday, or federal holiday in Washington, D.C., the nonprovisional application can be filed on the next business day.