I've filed non-provisional utility patent application with the USPTO. If it becomes considered abandoned by the USPTO for non payment of filing fees, will reviving the application maintain the original priority claimed? The non-provisional utility application uses a provisional as the claimed priority date. Upon revival of the application,do I retain the provisional's date as priority?

1 Answer 1


You keep all the priority dates. Upon reinstatement, everything is reinstated. It can have an effect on Patent Term Extension.

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