What happens if I don’t file a petition to restore the benefit of a provisional application?

If you don’t file a petition to restore the benefit of a provisional application after missing the 12-month deadline, you will lose the right to claim the earlier filing date of the provisional application. The MPEP states:

“Applicant is required to delete the claim to the benefit of the prior-filed provisional application, unless applicant can establish that this application, or an intermediate nonprovisional application or international application designating the United States, was filed within 12 months of the filing date of the provisional application.”

This means your application will be treated as if it was filed on the date of the nonprovisional application, potentially affecting your ability to secure patent rights if intervening prior art exists. It’s crucial to either meet the original 12-month deadline or file a timely petition to restore the benefit to maintain your earlier filing date.

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

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