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