What can I do for an expiring provisional patent? How? 6 Answers as of June 12, 2015

I have a provisional patent that is about to expire in 2 days. As of now, I figured I don't have enough specific information or too broad to go for non-provisional. So, I am thinking let my current provisional patent expire or withdraw it. (Are there any difference let it expire (abandon) or withdraw? If I withdraw or let it expire (abandon) will the provisional patent become a public knowledge? I really don't want that to happen since I am planning to make a new patent. What are choices? Which I even think about re-filing? Thank you in advance and please let me know my options also.

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Sebby Law Office
Sebby Law Office | Jayne Sebby
Check the USPTO website. You may be able to extend the provisional patent for an additional fee.
Answer Applies to: Nebraska
Replied: 6/12/2015
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
You cannot withdraw a provisional application. But it doesn't matter because if you don't file a nonprovisional application, your provisional application remains secret in the files of the USPTO. You can always re-file and the only thing you will give up by doing this, which can be very important, is the filing date of your provisional application because when you re-file, the filing date of that new application is the new date not the old date of the old provisional application. Filing dates are important because they affect the size of the prior art references during the examination process.
Answer Applies to: California
Replied: 6/12/2015
Microtechnology Law & Analysis | Daniel Flamm
You can either file a regular patent before the provisional expires (and claim priority to the provisional) or let the provisional application automatically expire after the 1 year anniversary. The provisional application will not become publicly accessible unless a regular utility application is filed claiming priority to the provisional and the utility application is made public (a US utility application can be confidential until allowance and publication. The situation is actually somewhat more complex- you should hire a patent attorney.
Answer Applies to: California
Replied: 6/12/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
You must file a non-provisional application within the 2 days or your priority date for the provisional application will expire. If you file another provisional application on the same invention the priority date with be the filing date of the new provisional application. Provisional applications are not published and do not become public domain. Options: 1) Let it expire and lose the priority date 2) Let it expire and file the application again. It will have a new priority date. The old date is lost. 3) File a non-provisional application before it expires and claim continuity to the provisional application. This will retain the priority date of the pending provisional application.
Answer Applies to: California
Replied: 6/12/2015
Banner & Witcoff, Ltd. | Ernie Linek
File an "express abandonment" form in the USPTO today! Express abandonment allows you to refile you provisional - assuming no public disclosure has been made regarding the invention. If a public disclosure has been made - that becomes prior art against your new application. Allowing the case to simply expire at the end of the one-year term can be a problem regarding the right to claim priority, especially outside the USA under the Paris Convention.
Answer Applies to: Massachusetts
Replied: 6/12/2015
    DANIEL NESBITT | Hasse & Nesbitt
    The provisional will not publish or become public, once it has expired. If you do not plan to use it any way, then wait until the day after it expires, and refile the same as a new provisional.
    Answer Applies to: Ohio
    Replied: 6/12/2015
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