It depends on a couple of things.
If you’ve made a public disclosure or sale with your provisional patent, then it puts you at risk for losing rights to the invention. If you’ve not made any sort of public disclosure/sale then you have simply lost time and money toward your patent goals. Unfortunately, provisional patents are non-renewable.
Your options are:
- File a new provisional patent
- File for an 18-month extension.
Either way, you should talk with a patent attorney.can help. Check out our website and get in touch for a consultation. You don’t want to throw away your money or lose rights to your invention