What is the process for restoring the benefit of a provisional application after the 12-month deadline?

The process for restoring the benefit of a provisional application after the 12-month deadline involves filing a petition under 37 CFR 1.78(b). This petition must be filed in the subsequent application (nonprovisional or international application designating the US) within 14 months of the provisional application’s filing date. The MPEP outlines the requirements:

“A petition under 37 CFR 1.78(b) requires: (A) the reference required by 35 U.S.C. 119(e) and 37 CFR 1.78 to the prior-filed provisional application, which must be included in application data sheet (unless previously submitted in an application data sheet); (B) the petition fee as set forth in 37 CFR 1.17(m); and (C) a statement that the delay in filing the nonprovisional application or international application designating the United States within the twelve-month period set forth in 37 CFR 1.78(a)(1)(i) was unintentional.”

The Director may require additional information to determine if the delay was unintentional. If granted, this restoration allows an application to validly claim the benefit of a provisional application filed up to 14 months earlier.

To learn more:

• provisional application
• benefit restoration
• patent petition
• 37 CFR 1.78(b)

To learn more:

• 37 CFR 1.78(b)