Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
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).
To learn more:
Topics:
MPEP 200 – Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure