What are the requirements for claiming benefit of a provisional application?
Claiming the benefit of a provisional application has specific requirements, as outlined in MPEP 211.01(b): “A nonprovisional application that directly claims the benefit of a provisional application under 35 U.S.C. 119(e) must be filed within 12 months from the filing date of the provisional application unless the benefit of the provisional application has been restored.”…
Read MoreWhat happens if the prior-filed application is a provisional application?
What happens if the prior-filed application is a provisional application? When the prior-filed application is a provisional application, special considerations apply: The nonprovisional application must be filed within 12 months of the provisional application’s filing date (or 14 months with a petition for revival). The provisional application must have adequate written description and enablement support…
Read MoreHow does the USPTO calculate the 12-month priority period for nonprovisional applications?
The USPTO calculates the 12-month priority period for nonprovisional applications as follows: Start date: The period begins on the filing date of the earliest foreign application for which priority is claimed. End date: The period ends 12 months later, on the same date of the following year. Holiday/weekend adjustment: If the 12-month period ends on…
Read More