What are the consequences of not converting a provisional application within 12 months?

What are the consequences of not converting a provisional application within 12 months?

If you do not convert a provisional application to a nonprovisional application within 12 months, there are significant consequences:

• The provisional application will automatically expire.
• You will lose the benefit of the provisional filing date.
• The subject matter disclosed in the provisional may become prior art against future applications.

According to MPEP 201.04: “A provisional application will automatically become abandoned 12 months after its filing date pursuant to 35 U.S.C. 111(b)(5).” This means that after 12 months, if no corresponding nonprovisional application has been filed, the provisional application cannot be revived or extended. It’s crucial to file a nonprovisional application or a PCT application within this 12-month period to maintain the benefit of the provisional filing date.

To learn more:

• provisional application
• expiration
• conversion deadline
• patent filing