What happens after a provisional patent expires?

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?

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Answers: 3 public & 0 private

Steven weinrieb
Patent Attorney

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.

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