Legal Question in Intellectual Property in California

Re: provisional expiration etension

You cannot extend the one-year term of a provisional patent application; the full utility application must be filed within that year to keep your filing date. Although you can file the utility application after the year has expired, your full application will not have the benefit of the earlier filing date. Also, you may run into a prior art problem in the full utility application.

Re: provisional expiration etension

You have a one year period to file an utility patent application, that cannot be extended, in order to gain benefit of the earlier filing date of the provisional patent application.

Re: provisional expiration etension

The USPTO currently does not provide for extensions with respect to provisional patent applications.

If you do not file a non-provisional application within 1 yr of the provisional filing date, you will lose the provisional filing date. You can, however, still file the non-provisional application in some instances (e.g., you don't have any statutory bar issues) and if so, you will only receive a priority date of the non-provisional application filing date.

My answers do not apply to foreign patent filing.

Hope this helps.