If a provisional application is filed and then after 12 months expires without filing a non-provisional application filed, does this prevent a patent ever to be issued?
No, the failure of you to file a non-provisional application within 12 months from the filing of your provisional application would not prevent you from obtaining a patent. However, if you do file your non-provisional application after the expiration of the 12 months time period you will not be entitled to the benefit of the earlier filing date of your provisional application and the examiner may use prior art with a date prior to the filing date of your non-provisional application to reject the claims in your non-provisional application.
Related Questions
- If a provisional application is filed and then after 12 months expires without filing a non-provisional application filed, does this prevent a patent ever to be issued?
- What are the documents which has to be filed upon filing a patent application and the documents which can be filed later?
- What happens if I do notsubmit aprovisional cover sheet when filing my provisional patent application?
