Can I extend or refile my provisional patent application?

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While it is not typically recommended, you can refile your provisional patent application in situations where you do not need your priority date of the first provisional patent application. Since a second provisional patent application cannot claim priority to an earlier provisional patent application, you will lose your earlier filing date of the first provisional patent application if you do not file a non-provisional patent application during the one-year pendency of the same. If you are interested in refiling your provisional patent application instead of filing a non-provisional patent application, visit the Can You Refile a Provisional Patent Application section of Neustel Law Offices. You cannot "extend" your provisional patent application past the 12-months pendency. However, effective December 8, 2010, the USPTO has implemented a 12-month pilot program titled "Extended Missing Parts Pilot Program". You can learn more about the Pilot Program and about how to effectively ... more
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