Question
Hello! If a provisional patent is not converted into a non-provisional patent after a year, can this still be done at a later date with some legal disadvantage in the meantime; or is the whole process reset to zero and a new application would need to be filed?
Answers: 3 public & 0 private
A provisional Patent is filed to secure the priority date. If within the specified time frame, the complete specification is not filed, the priority lapses and the submission of a complete specification on a date later than the specified time frame will be then counted as the priority date. The only disadvantage that you face is the lapse of priority date.
Your original provisional patent application will expire after one year and you will have to file a new provisional application or simply file a non-provisional application, however, your provisional application filing date will have lapsed. There might possibly be a route available by petition, but if there is, it is usually only extended for 1-2 months beyond the one year - after that, your original provisional application is dead if you have not filed a non-provisional or PCT application.
Essentially yes, the PPA will have lapsed and you will need to file a new patent application which will get a new priority date.
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