What happens if a provisional application is not followed by a nonprovisional application within 12 months?
What happens if a provisional application is not followed by a nonprovisional application within 12 months?
If a provisional application is not followed by a nonprovisional application within 12 months, it will automatically be abandoned and cannot be revived. The MPEP 201.04 states: A provisional application will automatically be abandoned 12 months after its filing date and will not be subject to revival to restore it to pending status thereafter.
This means that the provisional application cannot serve as a priority document for any subsequent applications, and any potential benefit date will be lost.
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