What happens if a provisional application is not converted to a nonprovisional within 12 months?
What happens if a provisional application is not converted to a nonprovisional within 12 months?
If a provisional application is not converted to a nonprovisional application within 12 months, it will automatically expire. The MPEP 201.04 states:
“A provisional application will automatically become abandoned 12 months after its filing date and will not be subject to revival to restore it to pending status thereafter.”
Once expired, the provisional application cannot be revived or restored to pending status. However, the applicant may still file a nonprovisional application after the 12-month period, but they would lose the benefit of the earlier filing date of the provisional application.
For more information on provisional application, visit: provisional application.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure