What happens if I file a provisional application and don’t file a nonprovisional within 12 months?

What happens if I file a provisional application and don’t file a nonprovisional within 12 months?

If you file a provisional application but do not file a corresponding nonprovisional application within 12 months, the provisional application will automatically be abandoned. As stated in the MPEP 201.04: “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 you lose the benefit of the provisional filing date and cannot claim priority to it in future applications. To maintain the priority benefit, you must file a nonprovisional application claiming benefit of the provisional within the 12-month period.

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

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

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

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