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Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

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When is a provisional patent application considered abandoned?

A provisional patent application is considered abandoned no later than 12 months after its filing date. MPEP 203.05 states that an abandoned application includes, in the case of a provisional application, no later than 12 months after the filing date of the provisional application (see MPEP § 711.03(c) and 35 U.S.C. 111(b)(5)). This means that provisional applications have a statutory life of one year from their filing date, after which they are automatically abandoned if not converted to a nonprovisional application or claimed as priority in a nonprovisional application.

For more information, you can refer to MPEP § 711.03(c) and 35 U.S.C. 111(b)(5).

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims, MPEP 203 - Status of Applications, Patent Law, Patent Procedure
Tags: 12-month limit, patent abandonment, patent application status, provisional application
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