What happens to a provisional application after 12 months?

What happens to a provisional application after 12 months?

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.