Can I file a U.S. nonprovisional application claiming priority to a provisional application after 12 months?

Can I file a U.S. nonprovisional application claiming priority to a provisional application after 12 months? While it’s generally recommended to file within 12 months, there is a limited exception that allows for filing a nonprovisional application claiming priority to a provisional application after the 12-month period. The MPEP explains: “A nonprovisional application filed not…

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What is the time limit for filing a nonprovisional application claiming benefit of a provisional application?

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…

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What is the time limit for filing a U.S. nonprovisional application claiming priority to a foreign application?

The time limit for filing a U.S. nonprovisional application claiming priority to a foreign application is generally 12 months from the filing date of the foreign application. For design applications, the time limit is 6 months. As stated in the MPEP, The United States nonprovisional application must be filed not later than twelve months (six…

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