There was some issue with my provisional patent filing and the time given by USPTO to respond has lapsed. So, could I refile the patent as a NEW provisional patent filing under the SAME title 3 months later? I plan to edit the write-up too.

I don't plan to ask for a time-extension.

1 Answer 1



It would an entirely new application regardless that the content was the same. It will get no advantage (or disadvantage) from the first filing. If no one else did anything in the field that anticipates or makes obvious your invention, you are in the same place you were with the initial filing.

If you desire international filings under the Paris Convention you have a year from the first filing on the subject matter to file everywhere else. If, as in your case, the first filing died without leaving any rights and was not published, the second filing is treated as the first filing for Paris Convention purposes as long as it in the same country.

I assume that you understand the problem with the original filing and will remedy that in the next filing.

You must log in to answer this question.

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