Is there a time limit for filing a petition to restore the benefit of a provisional application?

Yes, there is a time limit for filing a petition to restore the benefit of a provisional application. According to MPEP 211:

“Applicant may wish to file a petition to restore the benefit of the provisional application under 37 CFR 1.78 in the subsequent nonprovisional application or international application designating the United States if the subsequent application was filed within two months from the expiration of the twelve-month period and the delay was unintentional.”

This means you have a two-month grace period after the expiration of the initial 12-month period to file the petition. It’s crucial to act quickly if you miss the original deadline and wish to restore the benefit of your provisional application.

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

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

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 211 - Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e), Patent Law, Patent Procedure
Tags: patent procedure, provisional application