Retaining the Filing Date of a Provisional Application following twelve Months after Filing
The filing of a Utility Patent Application is deemed required within twelve months of filing a US Provisional Patent Application. However, by petition, a Domestic Utility Application can be filed within fourteen months of the filing date of a Provisional Application.
Retaining the Filing Date of a Provisional Application after twelve months.The notable change in practice is that an application may now validly claim priority to or the benefit of a foreign or provisional application filed up to fourteen months earlier (eight months for designs to validly claim foreign priority). Any application that claims priority to a foreign application or the benefit of a provisional application filed more than twelve months earlier (except as a continuing application of another non provisional application) must include a petition to restore the right of priority to the foreign application (37 CFR 1.55(c)) or a petition to restore the benefit of the provisional application (3 7 CFR 1. 78(b)) that has been granted by the Office of Petitions. December 13, 2013 USPTO memorandum to all Patent Employees regarding changes Pertaining to the Patent Law Treaty and Patent Law Treaties Implementation Act of 2012. -Effective December 18, 2013.
Petition required for fourteen monthsThe petition to restore the benefit of the provisional application is found at (3 7 CFR 1. 78(b)).