There are two issues at play when you reference “deadlines.”  One deadline can be a priority deadline.  That is the deadline you need to meet so that your next filing is legally granted the filing date of a previously file application (i.e., the priority date).  The Paris Convention (which guides portions of the PCT) has a 12-month priority deadline.  That goes for U.S., Paris Convention Members and PCT Member States. 

For the purposes of foreign filing, a provisional application and non-provisional are treated the same.  That 12-month clock starts ticking from the provisional filing date to file PCT AND obtain that provisional’s priority date.  If you:

1)      Filed a provisional on January 1, 2000, (OK)

2)      Filed a non-provisional on June 1, 2000, (OK)

3)      Filed a PCT application on March 1, 2001 (PCT OK but only for June 1, 2000 priority date)

you would only get priority to the non-provisional filed on June 1, 2000 (only application within 12 months).  HOWEVER, you might lose far more than a priority date as discussed below.

The second issue of deadlines is that of statutory bars resulting from publication.  In the university environment, there is a strong tendency to disclose invention – particularly right after a provisional is filed.  So, let’s add to the scenario above:

1)      Filed a provisional on January 1, 2000, (OK)

2)      Disclosed invention February 1, 2000, (OK)

3)      Filed a non-provisional on June 1, 2000, (OK)

4)      Filed a PCT application on March 1, 2001  (PCT Fails)

In the above-mentioned scenario you lost your provisional priority date for the PCT.  Foreign countries have an absolute novelty requirement meaning there can be no disclosure before an application is filed.  Since the PCT couldn’t use the provisional filing date (outside 12-months) it had to use the non-provisional filing date which was AFTER the disclosure.