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 201.04 states:
‘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 that after the 12-month period, the provisional application cannot be revived or extended. To maintain the benefit of the provisional filing date, you must file a nonprovisional application claiming priority to the provisional within this 12-month window. If you fail to do so, you lose the benefit of the earlier filing date, and the subject matter of the provisional becomes part of the prior art.
For more information on patent procedure, visit: patent procedure.
For more information on provisional application, visit: provisional application.
For more information on USPTO, visit: USPTO.