What are the requirements for converting a provisional application to a nonprovisional application?

What are the requirements for converting a provisional application to a nonprovisional application?

Converting a provisional application to a nonprovisional application requires meeting specific criteria and following certain procedures. According to MPEP 601.01(c), the key requirements are:

1. Timing: The conversion must be requested within 12 months of the provisional application’s filing date.
2. Request for Conversion: A request for the conversion must be submitted.
3. Fee Payment: The basic filing fee for the nonprovisional application must be paid.
4. Oath or Declaration: An oath or declaration as prescribed by 35 U.S.C. 115(a) must be submitted.
5. Specification and Drawings: A specification and any drawings as prescribed by 35 U.S.C. 112 must be submitted, unless such items are already present in the provisional application.

The MPEP states:

“A request to convert a provisional application to a nonprovisional application must be accompanied by the fee set forth in 37 CFR 1.17(i) and an amendment including at least one claim as prescribed by 35 U.S.C. 112(b), unless the provisional application under 35 U.S.C. 111(b) already contains at least one claim.”

It’s important to note that if these requirements are not met, the application may be treated as an application filed under 35 U.S.C. 111(a) and given a filing date as of the date the request for conversion was filed.

To learn more:

• provisional application
• nonprovisional application
• conversion requirements
• patent application