When is a provisional patent application considered abandoned?

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).