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Submitting a Non-Provisional Patent Application Request

Things to Know Before Submitting a Non-Provisional Patent Extension Request

Non-Provisional Extension Requests are ONLY needed if the 2018 amended regulations apply to the associated Subject Invention, which require that if your initial patent application is a provisional patent application, that a non-provisional patent must be filled 10 months of the filing of the provisional patent. A Non-Provisional Patent Extension Request should be submitted prior to the expiration of that deadline. Requests submitted after this deadline may be rejected.  

NOTES:

  • Two conditions must be met in order to submit this request:  1) You must have selected "2018" as the Bayh-Dole Regulation Version on your Invention Report; and 2) You must have reported a provisional patent application under the Invention Report
  • You are required to provide a reason explaining why you are requesting the extension in the "Request Reasons/Comments" field. Supporting Documentation is not necessarily required to submit a Non-Provisional Patent Extension Request, though it may be requested at the funding agency's discretion.
  • This extension has no effect on USPTO filing deadlines; it is merely an extension to filing requirements under the Bayh-Dole regulations.

To submit a Non-Provisional Patent Extension Request, complete the following steps:

  1. Click the "Add Request" button on the Invention Report
  2. Select "Non-Provisional Patent Extension" as Request Type
  3. Complete Request Form
  4. Click "Save"

1. Click the "Add Request" button on the Invention Report

Under the Requests section of the Invention Report, click the "Add Request" button.

Add request screenshot.

2. Select "Non-Provisional Patent Extension" as Request Type

After clicking the "Add Request" button, a popup window will open requiring you to select the request type and enter additional information.

Select "Non-Provisional Patent Extension" from the pulldown menu.

Patent extension request screenshot.

3. Complete Request Form

Under the "Number of Months Extension" pulldown menu, select the number of months you wish to extend the non-provisional filing deadline. You may select up to 12 months.

If you have a support document, click the "Support Document" button to upload.  However, a Support Document is not required for this request.

In the "Request Reasons/Comments" field, briefly explain the reason for the Non-Provisional Patent Extension Request. This is a required field for this request.

4. Click "Save"

Click the "Save" button on the popup window.

Administrators at the primary funding agency will be notified of the Non-Provisional Patent Extension Request. If approved, you will receive a notification indicating the approval. The decision and decision date will be displayed next to the request in the Invention Report.

NOTE: If the funding agency does not reject your request within 60 days of receiving the request, this request will be automatically granted.

If the request is rejected, you will receive a notification indicating the rejection. The decision, reason(s) for the rejection, and decision date will be displayed next to the request in the Invention Report.

Created March 30, 2022, Updated December 15, 2022