I invented a cosmetic tool to be used for the hands and filed a provisional patent. However, I missed the 12-month deadline to convert the patent pending to a non-provisional patent. Can I reapply for another provisional patent with the same product if I tweaked it a little and said it was a tool now designed for the feet?

1 Answer 1


A provisional patent application is neither published nor examined. It has no rights outstanding (if it wasn't used as a priority for another application as it seems from your question).

As it is never going to be published, it is not prior art to any other patent application. You can therefore submit the same thing again without worries that the old provisional might be a problem. You will be getting a new priority date though.

  • Beyond the scope of this question, note that if you decide to refile the same invention in a different country than the first filing, you may lose the right to priority under the Paris convention. So always refile in the same country as the original filing and only after the first filing is abandoned.
    – tilnow
    Nov 22, 2018 at 22:59

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .