What are the requirements for filing a petition to restore the benefit of a provisional application?

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.

According to MPEP 211, a petition to restore the benefit of a provisional application under 37 CFR 1.78(b) must include:

1. The reference required by 35 U.S.C. 119(e) and 37 CFR 1.78 to the prior-filed provisional application (unless previously submitted)
2. The petition fee set forth in 37 CFR 1.17(m)
3. A statement that the delay in filing the subsequent nonprovisional application or international application designating the United States within the twelve-month period was unintentional

The MPEP further states:

“The Director may require additional information where there is a question whether the delay was unintentional.”

It’s important to note that this petition must be filed in the subsequent application, not the provisional application itself.

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

For more information on petition requirements, visit: petition requirements.

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