How long is a provisional patent application valid?

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. See 35 U.S.C. 111(b)(5).”

However, there is a provision for extending this period in certain circumstances:

“The period of pendency of a provisional application is extended to the next succeeding business day if the day that is 12 months after the filing date of a provisional application falls on a Saturday, Sunday, or federal holiday within the District of Columbia. See 35 U.S.C. 119(e)(3) and 37 CFR 1.7(b).”

It’s crucial to file a nonprovisional application claiming the benefit of the provisional application within this 12-month period to maintain the priority date.

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

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

For more information on USPTO, visit: USPTO.