Can I file a petition to restore the benefit of a provisional application in the provisional application itself?

No, you cannot file a petition to restore the benefit of a provisional application in the provisional application itself. According to the MPEP:

“A petition to restore the benefit of a provisional application must be filed in the subsequent application.”

This means you must file the petition in the nonprovisional application or the international application designating the United States that is seeking to claim the benefit of the provisional application. This is because the provisional application itself is not examined and automatically expires after 12 months. The petition is a request to restore the right to claim the benefit in a subsequent application, not to extend the life of the provisional application.

For more information on patent procedure, visit: patent procedure.

For more information on provisional application, visit: provisional application.