Practice question: claiming a provisional's filing date
Answer in brief
This question tests the deadline for claiming benefit of a provisional application. Pick an answer before you open the explanation; the governing rule is in MPEP 211.
An original practice question written by Wysebridge in the style of the exam. It is not a released USPTO question.
The question
An inventor filed a provisional application on March 1. By when must a nonprovisional application claiming its benefit ordinarily be filed, absent any petition to restore the benefit?
- Within 6 months of March 1.
- Within 12 months of March 1.
- Within 18 months of March 1.
- Within 30 months of March 1.
- At any time while the provisional is pending, with no fixed limit.
Answer and explanation
Show the answer
Answer: B. A nonprovisional application must be filed within 12 months of the provisional's filing date to claim its benefit under 35 U.S.C. 119(e). If the last day falls on a weekend or federal holiday, it moves to the next business day. A limited petition to restore the benefit claim exists for delays that were unintentional, but that is the exception, which the question excludes.
Where the rule lives
Read MPEP 211 explained on MPEP.net, then find it in the official MPEP. On test day you will search the same text, so practice locating it yourself.
Sources for this entry
- Manual of Patent Examining Procedure (MPEP) USPTO
The examination manual the patent bar is tested on; open book during the exam. - Wysebridge — Patent bar exam simulator Wysebridge (publisher of this site)
Timed AM/PM practice modeled on the Prometric test center.
Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.
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Cite or share this entry
Patent Bar Practice Questions. “Practice question: claiming a provisional's filing date.” Wysebridge Reference. Content reviewed 9 November 2026.
https://patentbarpracticequestions.com/provisional-benefit-question/