Can I convert my provisional application to a nonprovisional application?

Can I convert my provisional application to a nonprovisional application?

No, you cannot directly convert a provisional application to a nonprovisional application. The MPEP clearly states: A provisional application cannot be converted to a nonprovisional application. Instead, you must file a separate nonprovisional application within 12 months of the provisional application’s filing date. This nonprovisional application can claim the benefit of the provisional application’s filing date. Here’s what you need to know:

  • The nonprovisional application must be filed within 12 months of the provisional application’s filing date.
  • It must include a specific reference to the provisional application.
  • The nonprovisional application can expand on the content of the provisional application but must support any claims that rely on the provisional filing date.

Remember, if you don’t file a nonprovisional application within 12 months, the provisional application will automatically expire, and you’ll lose the benefit of its filing date.

For more information on nonprovisional application, visit: nonprovisional application.

For more information on Patent Application Process, visit: Patent Application Process.

For more information on provisional application, visit: provisional application.

For more information on USPTO, visit: USPTO.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: nonprovisional application, Patent Application Process, provisional application, USPTO