What happens if I fail to file a nonprovisional application within 12 months of my provisional application?

What happens if I fail to file a nonprovisional application within 12 months of my provisional application?

If you fail to file a nonprovisional application within 12 months of your provisional application’s filing date, you will lose the benefit of the provisional application’s filing date. The MPEP states:

“A provisional application expires 12 months after its filing date and cannot be revived after its expiration to restore it to pending status.” (MPEP 201.04)

This means:

  • You can’t claim priority to the provisional application after the 12-month period.
  • Any public disclosures made during that 12-month period may now be considered prior art against your invention.
  • You may need to file a new application, potentially losing your earlier filing date.

It’s crucial to calendar the 12-month deadline and ensure timely filing of the nonprovisional application to preserve your priority date.

To learn more:

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: filing deadline, nonprovisional application, Patent Expiration, Priority Date, provisional application