Question 27
Domain 2: Patent Application Filing and Claim DraftingAn applicant wants to file a patent application claiming the benefit of a previously filed provisional application. The nonprovisional must be filed within:
Correct answer: B
Explanation
35 U.S.C. § 119(e) allows a nonprovisional application to claim the benefit of a provisional application if it is filed within "12 months" of the provisional filing date. If filed later, the benefit of the provisional filing date is lost.
Why each option is right or wrong
A. 6 months of the provisional filing date
B. 12 months of the provisional filing date
35 U.S.C. § 119(e)(1) governs benefit claims from a provisional application and requires the later-filed nonprovisional to be filed not later than 12 months after the provisional’s filing date. If that 12-month window is missed, the earlier filing date cannot be relied on for benefit purposes under this provision.
C. 18 months of the provisional filing date
D. 24 months of the provisional filing date