When is a provisional patent application considered abandoned?

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 patent application is considered abandoned no later than 12 months after its filing date. MPEP 203.05 states that an abandoned application includes, in the case of a provisional application, no later than 12 months after the filing date of the provisional application (see MPEP § 711.03(c) and 35 U.S.C. 111(b)(5)). This means that provisional applications have a statutory life of one year from their filing date, after which they are automatically abandoned if not converted to a nonprovisional application or claimed as priority in a nonprovisional application.

For more information, you can refer to MPEP § 711.03(c) and 35 U.S.C. 111(b)(5).