What happens if a provisional application is not converted 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 automatically becomes abandoned. The MPEP 201.04 clearly states:

A provisional application automatically becomes abandoned 12 months after its filing date and cannot claim the benefit of any other application. See 35 U.S.C. 111(b)(5).

This means that after 12 months, the provisional application can no longer serve as a basis for claiming priority, and any disclosure made in the provisional application becomes part of the public domain. To maintain the benefit of the provisional filing date, applicants must file a nonprovisional application claiming the benefit of the provisional application within the 12-month period.

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