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SESK: Stuff Everyone Should Know · sesk.info/founder-provisional-twelve-months

How long does a U.S. provisional patent application stay pending?

It stays pending for 12 months.

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  1. Six months
  2. Twenty years
  3. Twelve months ✔

Why: A provisional application establishes a filing date but is not examined. A corresponding nonprovisional application generally must arrive within 12 months to claim its benefit.

Huh, didn't know that: A provisional application is not examined and is automatically abandoned 12 months after its filing date.

The dad joke
Why did the provisional mark its calendar? It had a date with the nonprovisional.
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References

Answer: Twelve months. A provisional application establishes a filing date but is not examined. A corresponding nonprovisional application generally must arrive within 12 months to claim its benefit.

  1. Applying for Patents www.uspto.gov/patents/basics/apply
    You then have up to 12 months to file a nonprovisional application
    Checked 2026-10-11.

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