What happens if a provisional application is not converted to a nonprovisional within 12 months?

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.

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.