This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Yes, a provisional patent application can be converted to a nonprovisional application. According to MPEP 201.04:
“A provisional application filed under paragraph (c) of this section may be converted to a nonprovisional application filed under paragraph (b) of this section and accorded the original filing date of the provisional application.”
However, there are specific requirements and considerations for this conversion:
- The request for conversion must be accompanied by the fee set forth in 37 CFR 1.17(i)
- An amendment including at least one claim as prescribed by 35 U.S.C. 112(b) must be submitted
- The request must be filed before the abandonment of the provisional application or the expiration of 12 months after its filing date
- Additional fees for nonprovisional applications will be required
It’s important to note that converting a provisional to a nonprovisional application may result in a shorter patent term. Therefore, filing a new nonprovisional application claiming the benefit of the provisional application under 35 U.S.C. 119(e) is often preferable.