Restor A Previous Version Of Legal Louisiana Patents Forms For Free

If your provisional patent application expired or was abandoned, it is as if the application was never filed. Because it is as if you never filed the application, you can file the same or updated application again.

The short, easy answer to the question is yes, of course you can refile the provisional application. The USPTO will be happy to have you refile the application, take your filing fee, and send you a new filing receipt.

It gives the inventor time to refine the invention or test its market potential before filing a patent. Once a PPA is filed, the inventor receives a 'patent pending' application. It is possible to refile a patent application but not recommended.

It is possible for the patent owner to reinstate the patent, if it expires, by paying a surcharge in addition to the maintenance fee. It's also possible for the patent holder to put the expired patent up for sale and sell the patent and their rights to someone else who could renew the expired patent by paying the fees.

Once a provisional patent application has expired, you may refile the same provisional application on condition that you have not publicly disclosed the subject matter of the application more than a year prior to the second filing.

File a Request for Reinstatement form. File your request for reinstatement no later than two months after the issue date of your Notice of Abandonment. If you didn't receive a Notice of Abandonment, file within two months of learning of the abandonment, but no later than six months after the abandonment date in TSDR.