What happens if I file a nonprovisional application after the 12-month priority period?

If you file a nonprovisional application after the 12-month priority period from the filing date of a foreign application, you may still be able to claim priority under certain circumstances:

• Two-month grace period: The USPTO provides a two-month grace period after the 12-month priority period. During this time, you can file the nonprovisional application with a petition to restore the right of priority.
• Unintentional delay: The delay in filing must have been unintentional. You’ll need to submit a petition explaining the circumstances.
• Additional fee: A petition fee is required.

As stated in MPEP 213.03: “A nonprovisional application filed after the 12-month priority period, but within 2 months from the expiration of the 12-month priority period, may be filed with a petition to restore the right of priority.”

It’s important to note that this provision applies to both Paris Convention applications and PCT applications entering the national stage in the United States.

To learn more:

• priority claim
• grace period
• unintentional delay
• petition to restore