How long does a provisional patent application last?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A provisional patent application has a limited lifespan. According to MPEP 201.04:

“A provisional application will automatically be abandoned 12 months after its filing date and will not be subject to revival to restore it to pending status thereafter.”

This 12-month period provides inventors with a year of ‘patent pending’ status to further develop their invention, assess its commercial potential, or secure funding. To maintain patent rights, the inventor must file a corresponding nonprovisional application claiming the benefit of the provisional application within this 12-month window.

It’s important to note that the 12-month period may be extended to the next business day if it ends on a weekend or federal holiday in the District of Columbia.