What happens to a provisional application after 12 months?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A provisional application automatically becomes abandoned 12 months after its filing date. The MPEP states: ‘A provisional application will automatically become abandoned 12 months after its filing date pursuant to 35 U.S.C. 111(b)(5).’ This means that:

• The application is no longer pending
• It cannot be revived
• No patent will directly result from a provisional application

To benefit from the provisional application, the applicant must file a nonprovisional application claiming priority to the provisional within the 12-month period. For more details, refer to MPEP 201.04.

For more information on Patent Application Process, visit: Patent Application Process.

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