Can you refile a provisional patent application (PPA)?

If you’ve filed a provisional patent application with the Intellectual Property Office of the Philippines (IPOPHL), you only get one year of protection from that filing. After 12 months, the provisional automatically expires, and here’s the catch: you can’t extend it.

Some inventors wonder, “Can’t I just file another provisional to buy more time?” Technically, yes—you can refile. But in practice, it’s a risky move that often does more harm than good.

What Happens When Your Provisional Is About to Expire

You really only have three choices once that 12-month deadline is approaching:

1. Do Nothing

You could let your provisional expire and not file anything else.

• Result: Your idea is no longer protected. If someone else files the same invention after your lapse, IPOPHL will consider their filing—not yours—as the valid claim.

2. File Another Provisional

You might think about filing a second provisional instead of moving forward with a full application.

• Result: This gives you a new filing date, but you lose the benefit of your first one.
• The problem: If you’ve already shown your invention publicly—say at a trade fair, on a website, or in a sales pitch—your new provisional is worthless. IPOPHL uses an absolute novelty rule, which means any disclosure before filing can destroy your patent chances.

3. File a Complete Patent Application

This is the safest and most effective step. You file a full patent application (invention or utility model) and claim the benefit of your provisional.

• Result: You keep your original filing date, which is the strongest protection you can get.
• Deadline: You must do this within 12 months of your provisional filing.

Why the Filing Date Matters So Much

That priority date is your anchor. It marks the official day you claimed ownership of your invention. If you lose it, you risk losing everything.

Here’s a simple example:

• Jan 1, 2023 – You show your invention at a trade fair.
• Feb 1, 2023 – You file a provisional.
• Feb 1, 2024 – Deadline to file a complete application to keep your Feb 1, 2023 date.
• If instead you “refile” another provisional in January 2024, IPOPHL treats it as a brand-new filing. But since your invention was publicly disclosed back in January 2023—over a year ago—it’s no longer considered new. That makes it unpatentable.

The Philippine Supreme Court has been clear in IP cases like Sanwa Shutter vs. Dy (2016) that once you miss deadlines, you can’t claim back lost rights.

The Practical Reality

While you can refile a provisional, it’s almost always the weakest option. Unless your invention has been kept absolutely secret, refiling usually leaves you exposed.

The better strategy is to use your provisional year wisely—develop your invention, test the market, and then file a complete application before the year is up. That way, you lock in your original filing date and keep competitors from jumping ahead of you.

If you’re not sure how to proceed, it’s smart to get professional help. Firms like Brealant, Federis, or Hechanova regularly guide inventors through IPOPHL deadlines and can save you from costly mistakes.

✅ Bottom Line:
You can refile a provisional, but it rarely protects you. If your provisional is about to expire, your best move is to file a complete patent application and keep your original filing date secure.

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